The trial into the mysterious disappearance of six-year-old Joshlin Smith is continuing in the Cape High Court sitting in Saldanha Bay, where the three people accused in connection to the disappearance are currently undergoing trial. The trio, Joshlin’s mother, Racquel “Kelly” Smith, her boyfriend, Jacquen Appollis and their friend, Steveno van Rhyn, face charges of human trafficking and kidnapping.
It is alleged that Smith, Appollis and Van Rhyn sold Joshlin to a sangoma for R20,000. However, the three have pleaded not guilty.
We told you about some shocking revelations the court heard during the third week of the trial, which has now lasted almost two months.
Here’s the latest.
What’s the latest?
The court is expected to rule this week on the admissibility of two confessions made by Appollis and van Rhyn to determine whether their statements can be used in court. Admissibility refers to whether evidence can be legally used in court during a trial. For something to be admissible, it must comply with the rules of evidence and have been obtained lawfully and fairly.
Meanwhile, the prosecution continued today with the questioning of Appollis about claims that police tortured him to make a statement.
A trial-within-a-trial has been underway for the past two weeks to determine if Appollis’ statement was given voluntarily or if he was coerced. Appollis says five men assaulted him during his March 2024 interrogation and claims officers told him what to write in his confession.
What happened there?
On Friday, 11 April, Appollis took the stand in the trial-within-a-trial. He told the court that weeks after the little girl went missing, police assaulted him while forcing him to give a statement.
Police officers allegedly placed a black plastic bag over his head, handcuffed him, and physically assaulted him multiple times. “There were about four to five officers in the room at the Sea Border Office where I was questioned. One asked me if I can remember what happened on Monday, 19 February 2024. When I explained to him what happened… they said I’m [talking] rubbish and today I will die,” he told the court.
Now, Judge Nathan Erasmus must rule on whether Appollis’s statement can be legally used in court. Van Rhyn is also challenging the claim that police lawfully obtained his statement.
Both Appollis and Van Rhyn made statements on 5 March 2024 at the Sea Border Office in Saldanha Bay. Their statements implicated Smith, alleging that she was present when they took Joshlin to meet a person known as “Makalima” on 19 February 2024—the same day the girl went missing.
On Friday, 4 April, Appollis’s counsel advocate, Fanie Harmse, told the court his client’s account in his statement was not based on his knowledge. The following week, on Tuesday, 8 April, Van Rhyn claimed his statement contained what police instructed him to say.
The police have denied allegations of forcing and torturing Appollis or Van Rhyn to get their statements.
Smith did not appear in court on Friday, 11 April, due to a medical operation. As she is not part of this trial-within-a-trial, her absence did not affect the proceedings.
What were their arguments in court?
Van Rhyn’s defence lawyer, Nobuhle Mkabayi, questioned Captain Philip Seekoei. Captain Seekoei took Van Rhyn’s statement about a video of his alleged confession, recorded on 4 March 2024. Mkabayi argued that Van Rhyn appeared to be half-asleep throughout the 19-minute clip—often closing his eyes and looking drowsy—and questioned why Seekoei didn’t stop the interview. Seekoei insisted that Van Rhyn wasn’t sleeping, saying he nodded and responded to questions, which showed he understood what was happening.
Mkabayi, however, challenged this. She accused Seekoei of continuing with the statement just to follow instructions.
As the trial continues, the court must decide whether the confession statements will be admitted as evidence. This ruling could shape the direction of the case moving forward. Judge Erasmus highlighted the significance of the trial-within-a-trial: “This is an important part of the case; the admissibility of the statements can make or break this case one way or the other.”
Lona is a recent graduate with an Honours degree in Journalism and Media Studies from Wits University. Passionate about storytelling, she is eager to learn, grow, and hone her writing skills.
