Tensions escalated in the Western Cape High Court on Wednesday as the trial of Joshlin Smith took a dramatic turn. Sergeant Dawid Fortuin, a police detective central to the case, categorically denied claims that he was present during the alleged assault of accused number two, Stevano van Rhyn, during an intense interrogation last year.
The trial, which has attracted significant public interest, revolves around serious charges of kidnapping and human trafficking directed at Smith’s mother, Kelly Smith, alongside Jacquen Appollis and Van Rhyn himself. The courtroom is currently divided, with poignant allegations swirling over the legitimacy of confession statements made by the accused.
During the cross-examination, defence attorney Nobahle Mkabayi scrutinised Fortuin regarding his conduct on the 5th of March 2022 when Van Rhyn alleges he was brutally assaulted by men he believed were police officers. Mkabayi’s questions unveiled a chilling narrative of alleged police misconduct, stating, “He peed on his trousers. You don’t even remember. That never ever happened, your worship.”
In a moment that emphasised Van Rhyn’s purported vulnerability during the interrogation, Mkabayi insisted that her client could not be the true author of his confession statement, arguing that it was fabricated and forced under duress. As she pushed for clarity on Fortuin’s actions during the interrogation, the atmosphere in the courtroom grew increasingly charged.
With the court’s focus now set on whether the confession statements can be admitted as evidence, the gravity of the allegations brings underlying questions to the forefront of this judicial process. Did the ends justify the means? And at what cost to the integrity of the legal system?
The trial, which has now entered a ‘trial within a trial’ phase, aims to determine the admissibility of the confession statements that could significantly impact the prosecution’s case against the accused.
