Court rules statements admissible despite torture claims

THE Joshlin Smith trial took a dramatic turn when presiding Judge Nathan Erasmus ruled that statements made by two of the accused, Jacquen “Boeta” Appollis and Steveno van Rhyn is admissible as evidence in the main trial at the Western Cape High Court.

- MANDILAKHE TSHWETE

Judge Erasmus this week ruled that the statements made by Jacquen ‘Boeta’ Appollis and Steveno van Rhyn may be admitted as evidence in the main trial concerning the disappearance of six-year-old Joshlin Smith.

The decision followed extensive testimony and legal arguments in a trial-within-a-trial focused on whether the two accused had made their statements freely and voluntarily.

The trial-within-a-trial in the White City Multipurpose Centre in Diazville was initiated after both Appollis and Van Rhyn alleged that their constitutional rights had been violated, claiming their statements were obtained through assault, coercion, and psychological manipulation.

The State, however, maintained that the ‘confessions’ were lawfully obtained and met the legal standard for admissibility.

Six-year-old Joshlin went missing from her Middelpos home in Saldanha Bay on February 19, 2024.

Her disappearance led to the arrest of her mother, Racquel ‘Kelly’ Smith, along with her boyfriend, Appollis, friend Steveno van Rhyn and four other turned State witnesses, Lourentia Lombaard.

Appollis, who was the first to testify in his defence, detailed the events leading up to his statement made to Colonel Adrian Pretorius on a March 2, 2024.

He claimed that during his detention at the Sea Border unit, he was subjected to both physical assault and psychological pressure. He said he was told what to say and merely repeated what officers instructed.