Cape Town – The trial within a trial to assess the admissibility of the confession statements made by accused Jacquen Appollis and Stevano Van Rhyn continued on Wednesday at the Western Cape High Court in Saldanha Bay.
This trial, a critical part of the Joshlin Smith kidnapping and human trafficking case, saw Sergeant David Fortuin continue under cross-examination.
Appollis and Van Rhyn, alongside co-accused Joshlin Smith, face charges of kidnapping and human trafficking. The spotlight of the ongoing trial has been on the controversial confession statements made by the two accused, both of whom claim they were tortured by police officers to coerce their admissions regarding their involvement in the child’s disappearance.
Watch the proceedings below (Courtesy of SABC News)
During Wednesday’s proceedings, Captain Philip Seekoei, the police detective who recorded the confessions, was subjected to tough questioning by defence attorney Nobahle Mkabayi, who represents Van Rhyn. Mkabayi presented video footage showing Van Rhyn limping into the meeting room in handcuffs and appearing to fall asleep as Seekoei wrote down his confession. The footage raised concerns over whether the accused was in a state of exhaustion and injury when making the statement.
Seekoei, however, denied noticing that Van Rhyn’s eyes appeared closed during the confession process, asserting that he proceeded with the statement-taking without acknowledging any visible signs of distress. Mkabayi used this footage to challenge Seekoei’s conduct, arguing that the confession was obtained under duress.
As the trial continues, the question of whether the statements made by Appollis and Van Rhyn will be admissible in court remains at the forefront. Sergeant Fortuin’s cross-examination is set to continue when the trial resumes on Thursday.
The court’s decision on the admissibility of these statements will play a crucial role in shaping the direction of the trial and determining whether the accused’s confessions can be used as evidence in the case.