Justice Nathan Erasmus, presiding over the high-profile kidnapping and human trafficking trial involving missing girl Joshlin Smith, has issued a stern warning to the defence counsel for posing potentially irrelevant questions that may delay proceedings.
The trial, taking place in the Western Cape High Court in Saldanha Bay, was currently hearing a trial-within-a-trial to determine whether the confessions of accused Jacquen Appollis and Stevano van Rhyn are admissible.
Defence advocate Nobahle Mkabayi has been conducting a rigorous cross-examination of Captain Philip Seekoei, who recorded the accused's statements. Her line of questioning has focused heavily on the behaviour of her client during the interview process—including whether he had closed his eyes or fallen asleep while the statement was being taken.
Judge Erasmus interrupted proceedings to caution Mkabayi after a dispute over footage played in court.
“Now Ms Mkabayi, you put it to the witness that during that fifty-five seconds the accused had lifted his hand in front of his face—I didn’t see it,” said Erasmus.
Mkabayi replied, “My Lord, that is in video number two, not in video number one.”
Erasmus clarified, “But we are in video number one, we played it earlier. You put it to the witness that he had put his hand in front of his face. I couldn’t see it on the screen. The witness has a laptop in front of him. You have a laptop in front of you. The prosecutors have a laptop in front of them.”
The judge's remarks underscored the court’s expectation for precision and relevance in cross-examination, particularly in a case as sensitive and high-stakes as this. Proceedings are expected to continue with further focus on the validity of the confessions.