Joshlin trial: Judge berates defence claim that Van Ryhn was asleep when police took his confession

SALDANHA BAY - The judge in the Joshlin Smith trial has taken a defence lawyer to task for insisting her client was asleep when police took his confession statement.

A trial within a trial continues in the human trafficking case for the court to determine whether confession statements by two of the accused can be used as evidence by the State.

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Joshlin's mother, Kelly Smith, Jacquen Appollis, and Stevano van Rhyn are charged with kidnapping and human trafficking in the Western Cape High Court, sitting in the Saldanha Multi-Purpose Centre.

Defence attorney Nobahle Mkabhayi continued to insist that her client, Van Rhyn, was sleeping while detective Philip Seekooi took his confession statement.

Seekooi made a visual and written recording of Van Rhyn's confession after the accused was interrogated by police in March 2024.

Mkabhayi used the video footage of Seekooi's meeting with Van Rhyn while cross-examining the detective on Thursday.

Mkabhayi argued that Seekooi should not have continued with the confession because Van Rhyn appeared to be dozing off while the officer was making notes.

Judge Nathan Erasmus cut Mkabhayi's cross-examination short, saying it was misleading and not in line with the footage.

Erasmus told Mkabhayi after viewing the footage that it was clear her client was awake.