Joshlin Smith trial judge: Confession statements of 2 accused admissible as evidence
Co-accused Jacquen Appollis and Steveno van Rhyn claim they were tortured to make the confessions before their arrests.
Co-accused in the disappearance of Joshlin Smith, Jacquen Appollis and Stevano van Rhyn, in the Western Cape High Court sitting in the Saldanha Multi-Purpose Centre. Picture: Kayleen Morgan/EWN
SALDANHA BAY - The judge in the Joshlin Smith trial has ruled that confession statements by two of accused will be admissible as evidence in the trial.
On Thursday, legal teams presented their final arguments for the trial within a trial to reach its conclusion.
Co-accused Jacquen Appollis and Steveno van Rhyn claim they were tortured to make the confessions before their arrests.
Appollis, van Rhyn and Joshlin's mother, Kelly Smith, are charged with kidnapping and human trafficking related to the child's disappearance.
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Defence attorney Nubile Mkabayi, who represents van Rhyn, told the court police acted improperly during their interrogation of her client.
Van Rhyn and Appollis allege they were beaten repeatedly for hours during interrogation in March last year, before being instructed to implicate themselves and Smith in Joshlin's disappearance.
Mkabayi told the court the police's conduct was deliberate and a serious violation of van Rhyn's constitutional rights.
State prosecutor Aradanha Heeramun told the court Appollis and van Rhyn's credibility was shredded during cross-examination.
Judge Nathan Erasmus ruled that both confession statements by the accused can be used as evidence in the trial.
The main trial is now set to resume on Tuesday next week.