The investigating officer in the disappearance of Joshlin Smith, Detective Captain Wesley Lombard, is still on the stand as the defence is cross-examining him.
Nobahle Mkabayi, the legal representative for Steveno van Rhyn, asserted that her client alleged Detective Lombard instructed others to assault him. She emphasised that it was Lombard who issued the orders for van Rhyn to be assaulted.
Previously, in his plea explanation, van Rhyn told the court he was assaulted and handcuffed by men he got a lift from. He later discovered that they were cops, and he was taken to Jacobsbaai.
He was told he was going to be killed and was continuously asked where Joshlin was.
He was later taken to the Seaboard offices where he was further tortured by being hung in he air, suffocated with a plastic bag, beaten, and had his testicles pinched. Van Rhyn also claimed at one point, a firearm was placed in his mouth and he was threatened with his life.
While most of the statements made by Mkabayi were not questions, Lombard said he had no comment.
“It is my instructions that you were up and down not doing interviews [at the Seaboard offices] you were up and down instructing people to beat him [van Rhyn],” Mkabayi submitted.
However, Lombard shot back, stating this was not true and he never gave anyone instructions to assault any of the accused.
During proceedings, the accused, van Rhyn, Jacquen Appollis, and Kelly Smith, who were usually all smiles and rather nonchalant appeared serious and just stared straight ahead.
Mkabayi explained how her client could barely walk after he was suspended in the air and assaulted.
“My client said he couldn't walk properly because of how his testes were pinched,” she submitted.
Lombard responded: “I have no comment. The only time I saw him walking was from the boardroom to the office. I didn’t notice him walking in pain. If I had noticed, I would have asked him what was happening”.
While Mkabayi held firm Lombard was present and called the shots during the alleged assault and ‘torture’ of her client, Lombard remained adamant he was not present and the alleged incidents never transpired in his presence.
Lombard further told the court that when he had met all three accused, none of them appeared to have been assaulted or tortured, they looked on edge because interviews were to be conducted.
He also explained that if any of the accused were to have been assaulted, he would surely have seen this.
Lombard also made an argument to the court stating if van Rhyn had been hanging from handcuffs he would have gotten scared from the handcuffs as his body mass would be pulling him down.
He further told the court this would have been documented on the J88.
A J88 document is a police document filled in by a doctor.
“We do not do J88s, doctors do,” Lombard told Mkabayi.
While she remained adamant her client was threatened not to reveal his injuries to the doctor, Lombard said:
“As your client indicated the injuries would then be on his forearm. It would be difficult for a doctor not to see it. So, his story that the doctor did not see is not plausible
Van Rhyn also took the opportunity to put his hand up twice during proceedings to give instructions.
The trial continues.