Cape Town – The Western Cape High Court, sitting in Saldanha Bay, is expected to rule today on whether the statements made by two of the accused in the Joshlin Smith disappearance case are admissible.
Jacquen Appollis and Steveno Van Rhyn claim they were tortured by police into confessing.
The statements were made between March 4 and 5 last year, but both men argue they were given under duress.
Van Rhyn, Appollis, and Joshlin’s mother, Kelly Smith, all face charges of human trafficking and kidnapping in connection with the child’s disappearance on 19 February 2024. All have pleaded not guilty.
Van Rhyn, the second accused, testified that police allegedly tortured him to force a confession.
During a trial-within-a-trial he detailed how he was physically suspended and suffocated with a plastic bag while being interrogated. He also said he saw Appollis and a sangoma named Makalima being tortured.
“They told me to take off my sweater and takkies and lie on my back. They took off the handcuffs, told me to bring my two legs to my chest and put my hands in front of my legs.
“Then they handcuffed me and put an aluminium pipe under my knees, and I was lifted up and put on two chairs.” he said.
The accused admitted to fabricating parts of his statement under pressure from the police.
“They asked me what did we do with Joshlin and I told I don’t know where Joshlin is, I bear no knowledge. But they did not want to hear that.
“Every time I would tell them I don’t know, they would place a black plastic over my head,” Van Rhyn said.
“I would scream and told them I’m getting sore. But they told me don’t talk kak I must tell them the truth.”
The court is assessing the admissibility of these confessions.
