Judge rules accused statements admissible in Joshlin Smith disappearance case

In a significant development in the ongoing trial over the disappearance of six-year-old Joshlin Smith, Judge Nathan Erasmus has ruled that statements made by two of the accused, Jacquen ‘Boeta’ Appollis and Steveno van Rhyn, are admissible in the main proceedings at the Western Cape High Court.

This decision came after a trial-within-a-trial to determine whether the statements were obtained lawfully and per constitutional protections.

Delivering his ruling on Thursday afternoon at the White City Multipurpose Centre in Diazville, Saldanha Bay, Judge Erasmus stated that the statement made by Appollis to Colonel Adrian Pretorius on 5 March 2024 will be admitted as evidence and marked as exhibit KK. Similarly, the statement made by van Rhyn to Captain Philip Seekoei, provisionally marked as Exhibit JJ, was also ruled admissible.

The Judge emphasised that although the defence alleged coercion, assault, and constitutional non-compliance, the State had met its burden of proof in establishing that the statements were made voluntarily.

Erasmus added that he had considered the full body of evidence and arguments presented during the trial-within-a-trial and was satisfied that the threshold for admissibility had been met.

Importantly, the Judge clarified that he had deliberately avoided referring to the statements as either “confessions” or “admissions” at this stage, to prevent the appearance of having pre-judged their evidentiary value.

“There may be more storms ahead,” he said, indicating that the broader trial may still bring unexpected turns.

Background: The Disappearance of Joshlin Smith

Joshlin Smith was reported missing from her home in Diazville, Saldanha Bay, on 19 February 2024. The case quickly drew national attention, with extensive search operations and community-led patrols failing to uncover her whereabouts. Allegations emerged that her disappearance may have been linked to a suspected ritualistic killing, although no body has been found.

Joshlin’s mother, Racquel Smith, along with her boyfriend, Jacquen ‘Boeta’ Appollis, and their friend Steveno van Rhyn, were later arrested. They face charges of kidnapping, human trafficking and have pleaded not guilty.

The arrests were based on statements made to police during the early days of the investigation. These statements became the subject of intense scrutiny, as the defence for Appollis and Van Rhyn challenged their validity and raised serious concerns about police conduct and procedural fairness.

Defence Claims Statements Were Coerced

During the trial-within-a-trial, Advocate Fanie Harmse, representing Jacquen Appollis, argued that his client’s statement was not made freely and voluntarily. Harmse said there was a reasonable possibility that Appollis had been assaulted or intimidated during interrogation. He pointed to inconsistencies in police testimonies, particularly those of Captain Wesley Lombard and Sergeant Dawid Johannes Fortuin, regarding Appollis’s physical condition upon arrival at the Sea Border offices.

Video footage submitted to the court showed Appollis with visible swelling around his eye and hand, which Harmse argued supported the claim of coercion.

Additionally, he raised concerns over the lack of proper documentation during Appollis’s transfer between police facilities, citing procedural irregularities.

Counsel for Van Rhyn raised similar objections.

The defence claimed that Van Rhyn was not properly cautioned or informed of his constitutional rights when first approached by police at approximately 4am on the morning of 5 March 2024.

"According to testimony, Sergeant Johnson allegedly handed Van Rhyn a SAPS 14A form to sign while he was still asleep and unaware of what he was signing.

"Medical expert Dr Zimri testified that my client had sustained fresh injuries likely within 24 hours of examination. However, the examination was incomplete, as the doctor had not fully undressed him, leaving the full extent of his injuries unknown.

"The defence also argued that van Rhyn struggled to walk and sit during the recording of his statement, suggesting he may have been physically compromised."

Both defence teams submitted that the statements were either dictated or heavily influenced by police officers, and thus could not be regarded as voluntary. They argued that the statements should be excluded under Section 35(5) of the Constitution, which protects accused persons from being forced to self-incriminate through coercion or improper conduct.

The Road Ahead

With Judge Erasmus’s ruling now in effect, the statements by Appollis and van Rhyn will form part of the evidence considered in the main trial. The court is expected to resume hearing the matter in full from Tuesday, with further testimony from both State and defence witnesses anticipated.

While the legal questions around admissibility have been settled for now, the broader trial still holds many unanswered questions, including the fate of Joshlin, who remains missing more than a year after her reported disappearance. The community continues to seek justice, and the nation watches closely as the high-profile trial unfolds.

mandilakhe.tshwete@inl.co.za