Judge Nathan Erasmus has not been afraid to ask the hard questions.
Image: Ayanda Ndamane
Despite battling a number of coughing fits, Judge Nathan Erasmus continued to preside over the trial-within-a-trial in the Joshlin Smith case on Thursday, frequently pausing the session for medical assistance as cross-examination of accused Steveno “Steffie” van Rhyn resumed.
Erasmus, who has been unwell for several weeks, thanked paramedics stationed at the White City Multipurpose Centre for their ongoing support.
Last week, he publicly acknowledged their assistance in providing oxygen. But during Thursday’s proceedings, he was forced to adjourn multiple times after suffering persistent coughing fits and returned to court with a mask on.
Back in court, State prosecutor Advocate Zelda Swanepoel grilled Van Rhyn over contradictions and implausibility in his testimony about alleged police torture during interrogations.
“The beating on your side, face, or was it when you were hanging? I am putting it to you that it doesn’t make sense,” she said. “It was put to Dr Zimri that you had injuries on your back, but your explanation never accounts for that.”
She also challenged his timeline of events on 5 March 2024, the day he and co-accused Jacquen “Boeta” Appollis were arrested. “If I understand correctly, you fell asleep in the car that morning. When you were taken to Maka Lima’s house, were you also sleeping for three hours outside the house?”
“I lay down,” Van Rhyn answered.
“And at some point, you were taken to St Helena Bay, where you ate and took your medication. Did you also sleep there?” she asked.
“There was no time to sleep,” Van Rhyn responded.
Swanepoel accused Van Rhyn of tailoring his testimony to align with Appollis’s version. “You are amending your evidence to fit Mr Appollis’s testimony, similar to what he did when he testified,” she said.
“That’s not true,” Van Rhyn replied.
Swanepoel also pressed him about a video recording showing him during his statement with Captain Philip Seekoei. She pointed out that he seemed relaxed and aware of his surroundings. “You were very comfortable, with your arms resting, stretching out, even bending your back. You identified documents in front of you.”
The court heard that Seekoei began the session by informing Van Rhyn of his rights, offering him the option of legal counsel before recording a confession.
In the video, Van Rhyn is heard saying, “They said Boeta and I must take Joshlin to Maka Lima and that the following day I went back to Maka Lima for my cut.”
When Swanepoel asked what his “cut” was, he replied: “I don’t know.”
She rechallenged him: “It was something important. How could you not remember?”
Van Rhyn was also questioned about a CV that Maka Lima allegedly asked him to give her, and his claim that Lima buys “everything anyone sells.”
The trial-within-a-trial continues to assess whether the confessions allegedly made by Van Rhyn and Appollis were voluntary and should be admitted as evidence in the main trial. All three accused, Van Rhyn, Appollis, and Racquel “Kelly” Smith, face charges of kidnapping and human trafficking in connection with six-year-old Joshlin's disappearance on 19 February 2024. All have pleaded not guilty.
The cross-examination by the State has concluded as the defence is expected to call another witness.
mandilakhe.tshwete@inl.co.za
