The validity of the confessions in the Joshlin Smith disappearance case was questioned by defence attorneys, who claimed that coercion, torture, and undue influence were used to obtain them.
Detective Captain Wesley Lombard denied any assaults took place in his presence, as the trial continued with a focus on the treatment of the accused.
The six-year-old girl went missing from her Middelpos home on February 19.
Her mom Racquel ‘Kelly’ Smith, boyfriend Jacquen ‘Boeta’ Appollis and Steveno ‘Steffie’ van Rhyn are on trial and face kidnapping and human trafficking charges.
Charges were dropped against Laurentia ‘Renz’ Lombaard who turned State witness.
On Friday morning, Appollis’ lawyer Fanie Harmse argued that the statements made by his client were obtained under duress.
He stated that on March 4, his client believed the individuals at the Sea Border offices to be police officers, despite them not wearing uniforms.
Van Rhyn’s attorney Nobahle Mkabayi said she reviewed the evidence and argued that the statement given was not a clear confession but rather an admission of certain facts.
However, she asserted that her client was not the author of the statement and that it had been dictated to him. She further claimed that the admission was made under torture, including being beaten and having his private parts pinched on Jacobsbaai beach.
“The admission was prescribed to him, he never made the admission freely, he was tortured and undue influence, after he was beaten and after his private parts were pinched at the Jacobsbaai.”
Judge Erasmus acknowledged that other witnesses might be called to support or refute these claims, which would be addressed in a trial within a trial.
During cross-examination, Senior prosecutor advocate Zelda Swanepoel asked Captain Lombard whether any of the accused had been assaulted between March 4 and 5 at the Sea Border offices.
Lombard stated that no assaults took place in his presence and that none were reported to the police.
When asked if he had heard any sounds of an assault, he replied that he had not, but noted that the accused appeared nervous.
Swanepoel then questioned Lombard about accused 1, Boeta, who was observed to have a blue eye.
Lombard admitted that he had not conducted a physical inspection of the accused but had asked Boeta about the injury.
“Boeta denied being assaulted.”
Lombard further stated that if there had been any altercation between the police and the community, it would have been reported to senior officers, but no such reports were made.
When asked whether the accused were handcuffed, Lombard said he was certain they were not. However, he could not confirm whether they were handcuffed at the moment he informed them of their detention, as his focus was on Kelly, who was shouting at the time.
The judge questioned whether Lombard had influenced anyone to make a statement and whether he had received all documentation related to the confessions.
Lombard confirmed that Boeta’s confession was taken by Colonel Pretorius, while Van Rhyn’s first statement was taken by an officer named Clarke.
The process was interrupted when the accused fell asleep, and another officer later resumed taking the statement.
Harmse is now cross-examining the evidence in chief presented by Lombard.
The trial continues.
Cape Argus