Torture details claimed by accused in Joshlin trial ‘unlikely’, says prosecution

Racquel ‘Kelly’ Smith, on trial for the disappearance of her daughter Joshlin Smith. (Photo: Gallo Images / Die Burger / Jaco Marais)

By Vincent Cruywagen

16 Apr 2025

The State contends that Steveno van Rhyn’s claim in the Joshlin Smith trial that the police tortured him in a quest for a confession is improbable, and his injuries were not reconcilable with his version.

Steveno van Rhyn and his co-accused in the Joshlin Smith trial, Jacquen Appollis, claim they were tortured by police who were seeking confessions and that they told investigators what they wanted to hear about their alleged involvement in Joshlin’s disappearance.

Their statements to police in the weeks after Joshlin’s 19 February 2024 disappearance have become the focus of a trial-within-a-trial being heard in the Western Cape High Court sitting in the Saldanha Bay Multipurpose Centre, heard before Judge Nathan Erasmus.

kelly smith Racquel ‘Kelly’ Smith, on trial for the disappearance of her daughter, Joshlin Smith. (Photo: Gallo Images / Die Burger / Jaco Marais)

Appollis, the boyfriend of Joshlin’s mother, Racquel “Kelly” Smith, and their friend Van Rhyn, both admitted to being party to the alleged plan to sell Joshlin to a sangoma for R20,000, but they claim the confessions were made under police torture.

In their statements to police, the two claimed to have taken Joshlin to the sangoma, evidence which differs from that of the State’s key witness, Laurentia Lombard, who said Smith allegedly took Joshlin to the sangoma.

Both Van Rhyn and Appollis claim police forced their knees up to their chests while their hands were cuffed. A rod was then inserted behind their knees, and they were then hung between two chairs and spun around while they were reportedly tortured.

In court on Wednesday, 16 April, Van Rhyn was asked to demonstrate this alleged torture and how he was supposedly spun around.

A court orderly used a crutch from a person attending the proceedings. It was put through his knees as he claimed. The court found from what Van Rhyn demonstrated, it was highly improbable that he could have been tortured in that way.

Read more: Jacquen Appollis admits to lying in Joshlin Smith trial

Appollis, Van Rhyn and Smith face charges of human trafficking for exploitation and kidnapping following Joshlin’s disappearance from the Middelpos informal settlement in Saldanha Bay. The three have pleaded not guilty.

One of the investigators, Colonel Edward Clark, attached to the Western Cape Serious and Violent Crimes Unit, and Dr Hendrik Nel, who examined Appollis and Van Rhyn, have both testified that the two accused had no apparent injuries indicating any sort of torture.

‘Van Rhyn’s torture claim far-fetched’

On Wednesday, prosecutor Zelda Swanepoel led the cross-examination of Van Rhyn. The alleged torture was claimed to have occurred during his interrogation at the Sea Border police station.

Appollis and Van Rhyn both claimed in court that while they were handcuffed and hanging in midair, a plastic bag was placed over their heads while they were hit on their heads, legs, feet, and hands. They said they couldn’t breathe, and were told that they should shake their heads if they wanted to speak.

From Van Rhyn’s demonstration, there appeared to be no way he could have been spun around as he claimed.

Swanepoel contended that the injuries Van Rhyn claimed to have sustained were not reconcilable with his medical examination.

The State also pointed out other inconsistencies in his evidence, including the route police took him to the Sea Border police station, where he was allegedly tortured.

Van Rhyn claimed that when he arrived, he was made to lie on the back of a police van with his hands stretched out while he was handcuffed. He claimed one of the police officers was kneeling on him and repeatedly hitting him.

He said that at the same time, a second officer was pulling his testicles. But the State argued this was improbable because of the limited space in the police van and argued that the alleged torture could not have happened as Van Rhyn described.

After the alleged assault in the police vehicle, Van Rhyn claimed he was removed from the vehicle and his testicles were pinched again while a firearm was put into his mouth as an officer threatened to bury him in the sand or throw his body in the sea.

The admissibility of Van Rhyn and Appollis’ evidence could have a strong bearing on the future of the Joshlin Smith case. If their confessions are thrown out, their legal counsel may apply for charges to be withdrawn.

Describing the court process, Judge Erasmus used a metaphor he said should be familiar to Van Rhyn, who grew up in the fishing community of Saldanha. He said the State was busy throwing nets, drawing them in to catch as much as possible, and then the court would assess its catch. He reiterated to Van Rhyn that his life was actually on the line.

Final arguments in the trial within a trial will be heard on Thursday, before Judge Erasmus will rule on the admissibility of Appollis and Van Rhyn’s statements, alleged torture and coercion. DM

Categories:

Tags:

DM is much better if you are signed in...

South Africa