Joshlin Smith trial, one of the accused took the stand

Proceedings in the Joshlin Smith trial will resume on Tuesday in the Western Cape High Court, sitting in Saldanha Bay. This past week, one of the kidnapping and human trafficking accused, Jacquen Appollis, testified. He remained steadfast on his claims that police had assaulted him with batons before he gave a statement in March last year.

Appollis is facing cross-examination in a trial within a trial. Appollis, together with Steveno Van Rhyn and Joshlin Smith’s mother, Kelly, are on trial for the disappearance of the child on February 19th last year.

Defence counsel spent much time trying to convince the court that Steveno Van Rhyn was sleeping and tired while he was giving a statement to police on the 5th of March last year.

Advocate Nobahle Mkabayi, for Steveno Van Rhyn, was cross-examining Captain Philip Seekoei, the policeman who took Van Rhyn’s statement.

“My observation of Steveno: he is scratching his body, balancing both his elbows on the edge of the table. He looks drowsy. He is looking down. Closing his eyes. He doesn’t look like somebody, and although he is there physically, he doesn’t look like somebody that’s there. My lord, the accused was busy telling his story to me. I wrote it, and when I looked up, his eyes were open. And now on the video I can see the accused was there the whole time; he was with me, says Van Rhyn’s advocate, Nobahle Mkabayi.

Mkabayi put it to Captain Seekoei numerous times throughout the day that in the video clips of the statement-taking, he was asleep. The court, at one stage, admonished counsel for basing questions on mere seconds of the video clip and not in context.

“I hope that you are going to take me to something that makes sense in context. In context so far, yes, there are a few things I have to note, but for this witness to comment on split seconds in isolation does not do you or your client any service. The debate here is the issues on which the admissibility is being attacked, and yes, if there are indications that the person was drowsy or exhausted on the face of it, feel free. Take me there. But currently we are wasting time on silly splitting of hairs out of context,” says Presiding Judge Nathan Erasmus.

During Friday’s proceedings, Jacquen Appollis illustrated in court how he claims police assaulted him with batons before he gave a statement in March last year. He says he was beaten by police at the Sea Border offices in Saldanha Bay. Appollis says he was handcuffed and suspended on an aluminum pole.

WATCH: Joshlin Smith trial within a trial | First accused Jacquen Appollis testifies

“They then asked me, ‘where is Joshlin?’ And I told them I do not know where Joshlin is. I understand they picked you up with the pipe? Yes, my lord. My legs were up in the air, and my head was hanging down. The Xhosa man had a black bag, and he asked me, ‘Do you know Jesus?’ And I said yes. That’s when he pulled the black bag over my head. I was hit with batons on my knees and hands. I was also smacked in my face,” Appollis explains.

The state questioned Appollis on why he never reported the alleged assault to either the police or the doctor that did his post-statement examination. Senior State Advocate Aradhana Heeramun.

“Dr. Nel was not part of the investigation team. He was independent… Now if we accept what you say, we should have seen injuries under your feet. You with me? Yes, I’m with you. As well as many other parts, you said your back was beaten. Do you know why, if that was true, the doctor did not write it down? Those are the knocks I pointed out to the doctor. But you said there were injuries all over… just my hands and my knees.”

The matter is set to continue on Tuesday.