In the Joshlin Smith trial on Thursday, the validity of Steveno van Rhyn’s confession came under scrutiny at the Western Cape High Court as his lawyer, Nobahle Mkabayi, claimed her client was asleep during the police interview where he allegedly confessed to involvement in a high-profile kidnapping case. The trial, which takes place in the White City Multipurpose Centre in Diazville, centres on the case of 6-year-old Joshlin Smith, who went missing from Middelpos, Saldanha Bay, on February 19, 2024.
Alongside Van Rhyn, Joshlin’s mother, Racquel ‘Kelly’ Smith, and her boyfriend, Jacquen ‘Boeta’ Appollis, are facing serious charges of kidnapping and human trafficking. The trial-within-a-trial aims to determine whether the statements made by Van Rhyn were obtained freely or under duress, a critical aspect given the gravity of the accusations.During the proceedings, Mkabayi continued her cross-examination of Captain Philip Seekoei, who recorded Van Rhyn’s statement on March 4, just two weeks after Joshlin’s disappearance. The heart of the legal dispute revolves around a 19-minute video taken during this confessional statement. Mkabayi asserted that Van Rhyn appeared drowsy throughout the recorded footage.
“Most of the time, he is sleepy, closing his eyes. He opened his eyes and immediately closed them again and looked drowsy,” she claimed, pressing Seekoei on whether he had considered halting the statement due to Van Rhyn’s apparent fatigue. In response, Seekoei maintained that he did not perceive any immediate need to stop the interview, asserting that “just because he is closing his eyes doesn’t mean he is sleeping.”However, Mkabayi challenged this assertion, arguing that Seekoei could not definitively claim that Van Rhyn had not been asleep during the confession. “Did you ask him if he was sleeping?” she queried, to which Seekoei admitted he did not, further complicating the credibility of the confession.
Despite the ongoing tension, Seekoei insisted during cross-examination that Van Rhyn was responsive and understood the questions being asked of him, indicating his comprehension by nodding his head. Nevertheless, Mkabayi countered that the signs of drowsiness were flagrant, suggesting that Seekoei continued with the confession merely because he was directed to do so.
“While there was no necessity to stop, did you believe that he understood what you said when he was clearly drowsy?” she pressed. In what is becoming a pivotal legal battle, the courtroom observed as judicial scrutiny fell on police procedures and the rights of the accused.The cross-examination continues as the court seeks to unveil the circumstances surrounding the confession that could have enormous implications for all parties involved.