Joshlin Smith trial: Accused says he was hung up and beaten by police before confession

The second accused in the Joshlin Smith trial, Stevano van Rhyn, has described how police officers allegedly tortured him.

Van Rhyn took the stand during trial proceedings at the Western Cape High Court sitting in Saldanha Bay on Wednesday.

A trial-within-a-trial is underway to assess whether confession statements made by Van Rhyn and his co-accused Jacquen “Boeta” Appollis should be admitted as evidence.

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Both men claim the statements were obtained through coercion and physical assault.

They allege that in March 2024, they were taken to the Sea Border police offices in Saldanha Bay, where they were tortured and forced to include false information in their statements.

The prosecution seeks to introduce the statements during the main trial.

Torture allegations in Joshlin Smith trial

Van Rhyn gave his testimony at the White City Multipurpose Centre in Diazville, detailing how he ended up confessing to being involved in Joshlin’s disappearance after allegedly being tortured by police officers between the afternoon of 4 March and the morning of 5 March.

Under the guidance of his attorney, Nobahle Mkabayi, Van Rhyn described being taken to a police office where he witnessed Appollis “hanging” upside down.

He recounted that he was subsequently told it was his turn.

 “They told me to take off my sweater and takkies and lie on my back. They took off the handcuffs, told me to bring my two legs to my chest and put my hands in front of my legs.

“Then they handcuffed me and put an aluminium pipe under my knees, and I was lifted up and put on two chairs.”

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While in this position, the accused claimed he was interrogated and physically assaulted.

 “They asked me what did we do with Joshlin and I told I don’t know where Joshlin is, I bear no knowledge. But they did not want to hear that.

“Every time I would tell them I don’t know, they would place a black plastic over my head,” Van Rhyn said.

“I would scream and told them I’m getting sore. But they told me don’t talk kak I must tell them the truth,” he added.

Watch the trial below:

Van Rhyn further testified that following his statement, he and Appollis were taken to the residence of a woman named Makalima, a sangoma to whom Joshlin’s mother, Kelly Smith, allegedly sold her child.

He claimed that police officers broke into Makalima’s home by forcefully damaging the gate lock.

He also testified to witnessing her being tortured at the at the Sea Border police offices.

“I think she was handcuffed. They also had a black plastic over her head.”

Accused admits to fabrication

Van Rhyn, Appollis, and Kelly, are all on trial in connection with the child’s disappearance from the Middelpos informal settlement on 19 February 2024.

They face charges of human trafficking and kidnapping, and all three have pleaded not guilty.

Appollis told the court during his cross-examination on Tuesday that he had added his own details to a fabricated story allegedly given to him by police.

He claimed this narrative was intended to implicate Makalima in Joshlin’s kidnapping and alleged sale.

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