Joshlin Smith trial: Tug of war about confession statements
Two of the three accused, Jacquen Appollis and Stevan van Rhyn, claim they were tortured to admit their involvement in Joshlin's disappearance.
Kelly Smith, Jaquen Appollis and Stevano van Rhyn in the Western Cape high Court sitting in the Saldanha Bay Multi-Purpose Centre on 07 April 2025. Picture: Kayleen Morgan /EWN.
CAPE TOWN - The Joshlin Smith trial resumed on Monday with legal teams continuing to argue for the court to decide whether confession statements made by the accused can be used as evidence in court.
Two of the three accused, Jacquen Appollis and Stevan van Rhyn, claim they were tortured to admit their involvement in Joshlin's disappearance.
The accused told police the child's mother, Kelly Smith, instructed them to leave Joshlin with a woman in Middlepos on the day she went missing.
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Anti-kidnapping unit detective Sergeant Dawid Fortuin says Kelly Smith started screaming and swearing when she saw Jacquen Appollis and Stevano van Rhyn being taken away together after being interrogated.
Fortuin told the court how van Rhyn was first to spill the beans about their involvement in Joshlin's disappearance.
"He then told me I must ask accused number three, my lord."
The detective says Van Rhyn pointed police to Appollis and Kelly Smith.
Appollis then admitted Smith had instructed them to leave Joshlin with a woman in Middlepos by the name of "Maka lima".
In his confession, Appollis states Smith had made arrangements for the woman to pay R20,000 for Joshlin.
Fortuin says that when Smith saw Appollis and van Rhyn being taken by police to show them where a woman lives, she became angry and started screaming.
The matter will be back in court on Tuesday.