The Western Cape High Court, currently in session in Saldanha Bay, is expected to deliver a crucial ruling today on whether two statements made by the accused in the Joshlin Smith disappearance case are admissible as evidence.
The ruling comes as part of a trial-within-a-trial focused on allegations that two of the accused — Jacquen Appollis and Steveno Van Rhyn — were tortured into confessing.
The pair claim their statements, given between 4 and 5 March last year, were extracted under duress. Both allege that they were physically assaulted by police officers during interrogations in connection with the disappearance of six-year-old Joshlin Smith in February 2023.
Testifying during cross-examination on Wednesday, Van Rhyn – who is listed as accused number two – told the court that officers placed a plastic bag over his head and assaulted him during questioning.
“From the onset, they would ask me a question, I would tell them I don’t know,” Van Rhyn recounted. “Then they would be busy hitting me on my hand, knees and my feet. I would scream. I would tell them that I’m getting sore. They said I must tell them the truth.”
Appollis and Van Rhyn are on trial alongside Kelly Smith, the mother of the missing child. All three face charges related to Joshlin’s disappearance, which sent shockwaves through the West Coast community and sparked national attention.
Today’s ruling will determine whether the disputed confessions can be admitted into evidence — a decision that could significantly shape the trajectory of the trial.