Joshlin Smith: Confession statements of 2 accused in spotlight as trial resumes
The Joshlin Smith trial is set to resume on Monday, with legal teams arguing for the court to decide whether confession statements made by the accused can be used as evidence in court.
Joshlin Smith's mother, Kelly Smith (R), and co-accused Jacquen Appolis and Stevano van Rhyn are charged with kidnapping and human trafficking. Picture: Carlo Petersen/EWN.
SALDANHA BAY - The Joshlin Smith trial is set to resume on Monday, with legal teams arguing for the court to decide whether confession statements made by the accused can be used as evidence in court.
Joshlin's mother, Kelly Smith, and her co-accused, Jacquen Appollis and Stevano van Rhyn, are on trial for kidnapping and human trafficking related to the child's disappearance.
A trial within a trial for Judge Nathan Erasmus to decide whether confession statements made by Appollis and Van Rhyn can be used as evidence is set to continue in the Western Cape High Court sitting in the Saldanha Bay Multi-purpose centre on Monday.
Appollis and Van Rhyn made the confessions while being interrogated in police custody at the Sea Border offices in Saldanha Bay harbour.
The State is determined to use the confessions as evidence against the accused.
However, defence attorneys for the accused argue the confessions were made under duress, citing the accused were tortured to admit their involvement in Joshlin's disappearance.
On Friday, Doctor Tanya Zimri testified about her observation when she examined Van Rhyn at Vredenburg Hospital on 5 March last year, a day after the alleged torture.
Doctor Zimri told the court that she observed healing abrasions on Van Rhyn's shoulder, elbow and left wrist.
The trial continues on Monday.