Joshlin Smith trial-within-a-trial continues into validity of alleged confessions
Co-accused Jacquen Appollis and Steveno van Rhyn claim they made the statements after being tortured by police at the Sea Border offices in Saldanha in March 2024.
Jacquen Appollis and Stevano van Rhyn, two of the accused in the disappearance of Joshlin Smith, in the Western Cape High Court sitting at the Saldanha Bay Multi-Purpose Centre on 11 April 2025. Picture: Carlo Petersen/EWN
SALDANHA BAY - This week in the Joshlin Smith trial, a trial-within-a-trial continued with legal teams arguing for the court to decide whether confession statements made by two of the accused can be used as evidence in the trial.
Co-accused Jacquen Appollis and Steveno van Rhyn claim they made the statements after being tortured by police at the Sea Border offices in Saldanha in March 2024.
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Appollis is on trial, along with Van Rhyn, and Joshlin's mother, Kelly Smith, in connection with the child's disappearance.
The week started with police detective in the anti-kidnapping unit, Sergeant Dawid Fortuin, detailing how Appollis and Van Rhyn admitted to being involved in Joshlin’s disappearance.
Fortuin, who interrogated both of the accused, told the court that he did not witness Appollis and Van Rhyn being tortured.
Defence attorney Fanie Harmse, who represents Appollis, later told Fortuin it was police who instructed his client to confess that he was involved in a plot by Smith to sell Joshlin.
Police detective Captain Philip Seekoei faced tough questions on Friday from defence attorney Nobahle Mkabayi, who represents Van Rhyn.
Mkabayi used video footage to question another detective about why he continued to take her client's confession statement when it was apparent he was injured and exhausted.
The week ended with defence attorney Fanie Harmse questioning his client about certain details in his alleged confession statement.
Appollis testified that he was tortured before police detectives manufactured the confession statement and told him what to say.
The trial-within-a trial-continues on Tuesday.