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"contents": "<span style=\"font-weight: 400;\">Despite torture claims, a police colonel and a doctor have both testified that the two accused, Jacquen Appollis and Steveno van Rhyn, had no apparent injuries indicating any sort of torture.</span>\r\n\r\n<span style=\"font-weight: 400;\">This was the gist of the trial-within-a-trial on Thursday, 3 April 2025 to determine the admissibility of statements made by the accused as well as to test the veracity of the torture allegations.</span>\r\n\r\n<span style=\"font-weight: 400;\">Colonel Edward Clark, attached to the Western Cape Serious and Violent Crimes Unit, said that when he met Van Rhyn on 5 March 2024, he first took him for a medical test.</span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-2661181\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2025/04/Screenshot-2025-04-03-085519.jpg\" alt=\"edward clark\" width=\"1053\" height=\"703\" /> Colonel Edward Clark. (Photo: Supplied)</p>\r\n\r\n<span style=\"font-weight: 400;\">The court heard that Doctor Hendrik Nel examined Appollis and Van Rhyn and found no injuries associated with torture, as claimed by the accused.</span>\r\n\r\n<span style=\"font-weight: 400;\">The matter is being heard before Judge Nathan Erasmus in the Western Cape High Court sitting in Saldanha. The trial began on Monday, 3 March 2025, and Thursday’s proceedings marked Day 23 of the trial.</span>\r\n\r\n<span style=\"font-weight: 400;\">Joshlin’s mother, Racquel Smith, also known as Kelly, entered the court assisted by two police officers. Her lawyer, Rinesh Sivnarain, said his client was unwell and needed medical attention.</span>\r\n\r\n<span style=\"font-weight: 400;\">Appollis, Van Rhyn and Smith </span><span style=\"font-weight: 400;\">face charges of kidnapping and human trafficking for exploitation after Joshlin’s 19 February 2024 disappearance </span><a href=\"https://www.dailymaverick.co.za/article/2024-02-27-police-scale-down-search-for-six-year-old-joslin-smith-after-a-week-with-no-leads/\"><span style=\"font-weight: 400;\">from the Middelpos informal settlement</span></a><span style=\"font-weight: 400;\"> in Saldanha Bay.</span>\r\n\r\n<span style=\"font-weight: 400;\">The State contends that the three conspired and acted in common purpose in that they “sold, delivered or exchanged” Joshlin. The court has also heard testimony from Laurentia Lombaard that Kelly allegedly sold Joshlin to a sangoma for R20,000.</span>\r\n\r\n<b>Read more</b><span style=\"font-weight: 400;\">: </span><a href=\"https://www.dailymaverick.co.za/article/2025-03-14-kelly-smith-allegedly-sold-her-daughter-joshlin-to-a-sangoma-for-r20000-court-hears/\"><span style=\"font-weight: 400;\">Shocking testimony unveils Kelly Smith’s alleged plot to sell six-year-old daughter Joshlin to a sangoma</span></a>\r\n\r\n<span style=\"font-weight: 400;\">The three have </span><a href=\"https://www.dailymaverick.co.za/article/2025-03-03-joshlin-smiths-mother-and-co-accused-plead-not-guilty-in-high-profile-kidnapping-and-trafficking-trial/\"><span style=\"font-weight: 400;\">pleaded not guilty.</span></a>\r\n\r\n<span style=\"font-weight: 400;\">Lombaard was initially in the dock as a co-accused, but turned State witness when she </span><a href=\"https://www.dailymaverick.co.za/article/2024-03-25-fourth-suspect-in-critical-joshlin-smith-disappearance-case-ditches-bail-application/\"><span style=\"font-weight: 400;\">abandoned her bail application</span></a><span style=\"font-weight: 400;\"> in the Vredenburg Magistrates’ Court in March 2024.</span>\r\n\r\n<span style=\"font-weight: 400;\">Top policeman Colonel Clark investigates multiple murders, extortion, taxi-related violence, business robberies, high-profile incidents and car hijackings.</span>\r\n\r\n<span style=\"font-weight: 400;\">One of his most notable high-profile cases is the murder of Anti-Gang Unit head Lieutenant Colonel Charl Kinnear, who was assassinated on 18 September 2020 in front of his home in Bishop Lavis, Cape Town.</span>\r\n\r\n<span style=\"font-weight: 400;\">Clark is not part of the probe into the Joshlin matter, but was called by Brigadier Leon Hanana to interview Van Rhyn on 5 March 2025. Clark said that Van Rhyn was brought to the offices of the</span><span style=\"font-weight: 400;\"> Family Violence, Child Protection and Sexual Offences unit (FCS) </span><span style=\"font-weight: 400;\">in Saldanha Bay. The interview with Van Rhyn was video recorded.</span>\r\n\r\n<span style=\"font-weight: 400;\">He told the court that before an interview, the suspect underwent a medical examination.</span>\r\n\r\n<span style=\"font-weight: 400;\">Clark was asked by State prosecutor Zelda Swanepoel if he had observed any injuries to Van Rhyn.</span>\r\n\r\n<span style=\"font-weight: 400;\">Clark said Van Rhyn had injuries to a knee and elbow.</span>\r\n\r\n<span style=\"font-weight: 400;\">“When I inquired if it was a police assault, Van Rhyn denied it… I asked him again whether it was the police, and he responded, ‘no’.”</span>\r\n\r\n<span style=\"font-weight: 400;\">On how Van Rhyn had appeared, Clark told the court that he had appeared to be normal. At one point in the video, he asked Van Rhyn if he was tired, and the accused had said that they “could continue”.</span>\r\n\r\n<span style=\"font-weight: 400;\">“Only later on he said he was tired, he needed his pills, and I decided to stop,” Clark said.</span>\r\n\r\n<span style=\"font-weight: 400;\">When Judge Erasmus questioned why he felt he should terminate the interview, Clark responded that Van Rhyn had indicated that he was hungry and needed his medication. </span>\r\n\r\n<span style=\"font-weight: 400;\">During cross-examination, Van Rhyn’s counsel Nobahle Mkabayi said her client had never been taken to a district surgeon and alleged he had been tortured from 3pm on 4 March 2024 until 2am on 5 March 2024.</span>\r\n\r\n<span style=\"font-weight: 400;\">Clark responded that “I would have expected a person who was threatened and assaulted stating that to me; I didn’t get to that point of the interview.”</span>\r\n\r\n<span style=\"font-weight: 400;\">The video-recorded interview with Van Rhyn showed his handcuffs being removed and his rights read. It had been explained to him why he was being detained, his notice of rights was explained to him, and he was informed he was not compelled to make a statement and had the right to remain silent.</span>\r\n<h4><b>Van Rhyn’s second interview</b></h4>\r\n<span style=\"font-weight: 400;\">Because Clark did not complete the initial interview with Van Rhyn, a second interview was conducted by Captain Philip Seekoei.</span>\r\n\r\n<p><img loading=\"lazy\" class=\"size-full wp-image-2661180\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2025/04/Screenshot-2025-04-03-134232.jpg\" alt=\"seekoei van rhyn\" width=\"1041\" height=\"570\" /> <em>Captain Philip Seekoei took a statement from Steveno van Rhyn around 3pm on 5 March 2024 about his role in the disappearance of Joshlin Smith on 19 February 2024, despite the suspect continuously falling asleep. (Photo: Supplied)</em></p>\r\n\r\n<span style=\"font-weight: 400;\">Van Rhyn’s </span><span style=\"font-weight: 400;\">statement</span><span style=\"font-weight: 400;\"> was handed in to court, but its admissibility is yet to be ruled on by Judge Erasmus.</span>\r\n\r\n<span style=\"font-weight: 400;\">The recording of the interview was of such poor quality that the judge, the defence and the prosecution had difficulty in listening to it.</span>\r\n\r\n<span style=\"font-weight: 400;\">Judge Erasmus repeatedly stopped the recording and said: “I’m trying to listen to the answer, on the bits I could hear, there was more said than what is in the document, and there were discussions, questions and answers I couldn’t figure out.”</span>\r\n\r\n<span style=\"font-weight: 400;\">He said that “this is such a crucial part of his case; we are dealing with a missing child.” </span>\r\n<h4><b>No severe bruising</b></h4>\r\n<span style=\"font-weight: 400;\">Dr Nel said that based on Van Rhyn’s medical history, he had undergone surgery on his left knee several years ago, and had fallen from a bakkie on the afternoon of 4 March 2024.</span>\r\n\r\n<span style=\"font-weight: 400;\">Nel said that Van Rhyn had no clinical fractures, his left knee had an old surgical scar, and his right knee had no fractures. He prescribed tablets and a bandage for his knee.</span>\r\n\r\n<span style=\"font-weight: 400;\">In his examination of Appollis, the doctor said he had a swollen left eye and a left knee injury. According to the doctor, Appollis said he had been injured while being apprehended by police on 4 March 2024.</span>\r\n\r\n<span style=\"font-weight: 400;\">State prosecutor Aradhana Heeramun put it to Nel that “the court has been told that both of the accused were made to sit on the ground, their knees pushed to their chest, their arms around their knees handcuffed, a metal or steel pipe was spread under the knees, they were made to hang over the chairs, a plastic bag put over their heads, and were repeatedly beaten over their face and head.</span>\r\n\r\n<span style=\"font-weight: 400;\">“My issue is, doctor, if that happened repeatedly over hours, would we find different severe injuries as you have mentioned on the form?”</span>\r\n\r\n<span style=\"font-weight: 400;\">Nel replied that he did not see any major bruises on their bodies.</span>\r\n\r\n<span style=\"font-weight: 400;\">The trial-within-a trial continues. </span><b>DM</b>",
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"name": "Captain Philip Seekoei took a statement from Steveno van Rhyn around 3pm on 5 March 2024 about his role in the disappearance of Joshlin Smith on 19 February 2024, despite him continuously falling asleep. (Photo: Supplied)",
"description": "<span style=\"font-weight: 400;\">Despite torture claims, a police colonel and a doctor have both testified that the two accused, Jacquen Appollis and Steveno van Rhyn, had no apparent injuries indicating any sort of torture.</span>\r\n\r\n<span style=\"font-weight: 400;\">This was the gist of the trial-within-a-trial on Thursday, 3 April 2025 to determine the admissibility of statements made by the accused as well as to test the veracity of the torture allegations.</span>\r\n\r\n<span style=\"font-weight: 400;\">Colonel Edward Clark, attached to the Western Cape Serious and Violent Crimes Unit, said that when he met Van Rhyn on 5 March 2024, he first took him for a medical test.</span>\r\n\r\n[caption id=\"attachment_2661181\" align=\"alignnone\" width=\"1053\"]<img class=\"size-full wp-image-2661181\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2025/04/Screenshot-2025-04-03-085519.jpg\" alt=\"edward clark\" width=\"1053\" height=\"703\" /> Colonel Edward Clark. (Photo: Supplied)[/caption]\r\n\r\n<span style=\"font-weight: 400;\">The court heard that Doctor Hendrik Nel examined Appollis and Van Rhyn and found no injuries associated with torture, as claimed by the accused.</span>\r\n\r\n<span style=\"font-weight: 400;\">The matter is being heard before Judge Nathan Erasmus in the Western Cape High Court sitting in Saldanha. The trial began on Monday, 3 March 2025, and Thursday’s proceedings marked Day 23 of the trial.</span>\r\n\r\n<span style=\"font-weight: 400;\">Joshlin’s mother, Racquel Smith, also known as Kelly, entered the court assisted by two police officers. Her lawyer, Rinesh Sivnarain, said his client was unwell and needed medical attention.</span>\r\n\r\n<span style=\"font-weight: 400;\">Appollis, Van Rhyn and Smith </span><span style=\"font-weight: 400;\">face charges of kidnapping and human trafficking for exploitation after Joshlin’s 19 February 2024 disappearance </span><a href=\"https://www.dailymaverick.co.za/article/2024-02-27-police-scale-down-search-for-six-year-old-joslin-smith-after-a-week-with-no-leads/\"><span style=\"font-weight: 400;\">from the Middelpos informal settlement</span></a><span style=\"font-weight: 400;\"> in Saldanha Bay.</span>\r\n\r\n<span style=\"font-weight: 400;\">The State contends that the three conspired and acted in common purpose in that they “sold, delivered or exchanged” Joshlin. The court has also heard testimony from Laurentia Lombaard that Kelly allegedly sold Joshlin to a sangoma for R20,000.</span>\r\n\r\n<b>Read more</b><span style=\"font-weight: 400;\">: </span><a href=\"https://www.dailymaverick.co.za/article/2025-03-14-kelly-smith-allegedly-sold-her-daughter-joshlin-to-a-sangoma-for-r20000-court-hears/\"><span style=\"font-weight: 400;\">Shocking testimony unveils Kelly Smith’s alleged plot to sell six-year-old daughter Joshlin to a sangoma</span></a>\r\n\r\n<span style=\"font-weight: 400;\">The three have </span><a href=\"https://www.dailymaverick.co.za/article/2025-03-03-joshlin-smiths-mother-and-co-accused-plead-not-guilty-in-high-profile-kidnapping-and-trafficking-trial/\"><span style=\"font-weight: 400;\">pleaded not guilty.</span></a>\r\n\r\n<span style=\"font-weight: 400;\">Lombaard was initially in the dock as a co-accused, but turned State witness when she </span><a href=\"https://www.dailymaverick.co.za/article/2024-03-25-fourth-suspect-in-critical-joshlin-smith-disappearance-case-ditches-bail-application/\"><span style=\"font-weight: 400;\">abandoned her bail application</span></a><span style=\"font-weight: 400;\"> in the Vredenburg Magistrates’ Court in March 2024.</span>\r\n\r\n<span style=\"font-weight: 400;\">Top policeman Colonel Clark investigates multiple murders, extortion, taxi-related violence, business robberies, high-profile incidents and car hijackings.</span>\r\n\r\n<span style=\"font-weight: 400;\">One of his most notable high-profile cases is the murder of Anti-Gang Unit head Lieutenant Colonel Charl Kinnear, who was assassinated on 18 September 2020 in front of his home in Bishop Lavis, Cape Town.</span>\r\n\r\n<span style=\"font-weight: 400;\">Clark is not part of the probe into the Joshlin matter, but was called by Brigadier Leon Hanana to interview Van Rhyn on 5 March 2025. Clark said that Van Rhyn was brought to the offices of the</span><span style=\"font-weight: 400;\"> Family Violence, Child Protection and Sexual Offences unit (FCS) </span><span style=\"font-weight: 400;\">in Saldanha Bay. The interview with Van Rhyn was video recorded.</span>\r\n\r\n<span style=\"font-weight: 400;\">He told the court that before an interview, the suspect underwent a medical examination.</span>\r\n\r\n<span style=\"font-weight: 400;\">Clark was asked by State prosecutor Zelda Swanepoel if he had observed any injuries to Van Rhyn.</span>\r\n\r\n<span style=\"font-weight: 400;\">Clark said Van Rhyn had injuries to a knee and elbow.</span>\r\n\r\n<span style=\"font-weight: 400;\">“When I inquired if it was a police assault, Van Rhyn denied it… I asked him again whether it was the police, and he responded, ‘no’.”</span>\r\n\r\n<span style=\"font-weight: 400;\">On how Van Rhyn had appeared, Clark told the court that he had appeared to be normal. At one point in the video, he asked Van Rhyn if he was tired, and the accused had said that they “could continue”.</span>\r\n\r\n<span style=\"font-weight: 400;\">“Only later on he said he was tired, he needed his pills, and I decided to stop,” Clark said.</span>\r\n\r\n<span style=\"font-weight: 400;\">When Judge Erasmus questioned why he felt he should terminate the interview, Clark responded that Van Rhyn had indicated that he was hungry and needed his medication. </span>\r\n\r\n<span style=\"font-weight: 400;\">During cross-examination, Van Rhyn’s counsel Nobahle Mkabayi said her client had never been taken to a district surgeon and alleged he had been tortured from 3pm on 4 March 2024 until 2am on 5 March 2024.</span>\r\n\r\n<span style=\"font-weight: 400;\">Clark responded that “I would have expected a person who was threatened and assaulted stating that to me; I didn’t get to that point of the interview.”</span>\r\n\r\n<span style=\"font-weight: 400;\">The video-recorded interview with Van Rhyn showed his handcuffs being removed and his rights read. It had been explained to him why he was being detained, his notice of rights was explained to him, and he was informed he was not compelled to make a statement and had the right to remain silent.</span>\r\n<h4><b>Van Rhyn’s second interview</b></h4>\r\n<span style=\"font-weight: 400;\">Because Clark did not complete the initial interview with Van Rhyn, a second interview was conducted by Captain Philip Seekoei.</span>\r\n\r\n[caption id=\"attachment_2661180\" align=\"alignnone\" width=\"1041\"]<img class=\"size-full wp-image-2661180\" src=\"https://www.dailymaverick.co.za/wp-content/uploads/2025/04/Screenshot-2025-04-03-134232.jpg\" alt=\"seekoei van rhyn\" width=\"1041\" height=\"570\" /> <em>Captain Philip Seekoei took a statement from Steveno van Rhyn around 3pm on 5 March 2024 about his role in the disappearance of Joshlin Smith on 19 February 2024, despite the suspect continuously falling asleep. (Photo: Supplied)</em>[/caption]\r\n\r\n<span style=\"font-weight: 400;\">Van Rhyn’s </span><span style=\"font-weight: 400;\">statement</span><span style=\"font-weight: 400;\"> was handed in to court, but its admissibility is yet to be ruled on by Judge Erasmus.</span>\r\n\r\n<span style=\"font-weight: 400;\">The recording of the interview was of such poor quality that the judge, the defence and the prosecution had difficulty in listening to it.</span>\r\n\r\n<span style=\"font-weight: 400;\">Judge Erasmus repeatedly stopped the recording and said: “I’m trying to listen to the answer, on the bits I could hear, there was more said than what is in the document, and there were discussions, questions and answers I couldn’t figure out.”</span>\r\n\r\n<span style=\"font-weight: 400;\">He said that “this is such a crucial part of his case; we are dealing with a missing child.” </span>\r\n<h4><b>No severe bruising</b></h4>\r\n<span style=\"font-weight: 400;\">Dr Nel said that based on Van Rhyn’s medical history, he had undergone surgery on his left knee several years ago, and had fallen from a bakkie on the afternoon of 4 March 2024.</span>\r\n\r\n<span style=\"font-weight: 400;\">Nel said that Van Rhyn had no clinical fractures, his left knee had an old surgical scar, and his right knee had no fractures. He prescribed tablets and a bandage for his knee.</span>\r\n\r\n<span style=\"font-weight: 400;\">In his examination of Appollis, the doctor said he had a swollen left eye and a left knee injury. According to the doctor, Appollis said he had been injured while being apprehended by police on 4 March 2024.</span>\r\n\r\n<span style=\"font-weight: 400;\">State prosecutor Aradhana Heeramun put it to Nel that “the court has been told that both of the accused were made to sit on the ground, their knees pushed to their chest, their arms around their knees handcuffed, a metal or steel pipe was spread under the knees, they were made to hang over the chairs, a plastic bag put over their heads, and were repeatedly beaten over their face and head.</span>\r\n\r\n<span style=\"font-weight: 400;\">“My issue is, doctor, if that happened repeatedly over hours, would we find different severe injuries as you have mentioned on the form?”</span>\r\n\r\n<span style=\"font-weight: 400;\">Nel replied that he did not see any major bruises on their bodies.</span>\r\n\r\n<span style=\"font-weight: 400;\">The trial-within-a trial continues. </span><b>DM</b>",
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"summary": "Two of the accused in the disappearance of six-year-old Joshlin Smith, Jacquen Appollis and Steveno van Rhyn, have alleged that they were tortured into making statements.",
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Colonel Edward Clark. (Photo: Supplied)
Captain Philip Seekoei took a statement from Steveno van Rhyn around 3pm on 5 March 2024 about his role in the disappearance of Joshlin Smith on 19 February 2024, despite the suspect continuously falling asleep. (Photo: Supplied)