A detective testifying in the high-profile Joshlin Smith trial has denied claims of torture and misconduct during the interrogation of one of the accused, Stevano van Rhyn.
The case, which has drawn national attention, revolves around the mysterious disappearance of six-year-old Joshlin Smith from Saldanha Bay in February 2024. Her mother, Kelly Smith, along with Jacquen Appollis and Stevano van Rhyn, are on trial for kidnapping and human trafficking, following a wave of public interest and concern over the child’s fate.
Accusations of Police Misconduct
During court proceedings on Wednesday, defence attorney Nobahle Mkabayi cross-examined Sergeant Dawid Fortuin, a member of the anti-kidnapping unit, about the alleged torture and coercion of her client, Van Rhyn, while in police custody.
Van Rhyn and his co-accused, Appollis, allege that they were subjected to beatings and death threats by law enforcement officials to force them into confessing their involvement in Joshlin’s disappearance. They claim these confessions were not given freely and were influenced by threats of violence and intimidation.
Joshlin Smith
Fortuin, however, denied being present at the time of the alleged torture and stated under oath that he had no knowledge of any misconduct by his colleagues. He maintained that all procedures followed during the investigation were above board and that confessions were obtained legally.
“I was not there when these incidents allegedly took place,” said Fortuin. “I cannot speak to events I did not witness.”
Claims of Forced Confessions
In their confession statements, both Van Rhyn and Appollis allege that Kelly Smith instructed them to hand over Joshlin to a woman named Phumza Sigaqa on the day she went missing. Sigaqa, who was initially arrested as part of the investigation, was later released due to insufficient evidence linking her to the alleged crime.
The defence has argued that police manipulated the narrative and pressured the accused into implicating Smith and Sigaqa to build a case, despite lacking concrete evidence.
Both Van Rhyn and Appollis insist that police coached them during their confessions, directing them to mention Sigaqa’s name and falsely claim that Joshlin had been handed over to her in a Middelpos neighborhood.
Detective Refutes Key Details
Sergeant Fortuin also denied claims that the accused were present when police fetched Sigaqa for questioning. He stated that official police procedure was followed when Sigaqa was brought in, and there was no interaction between her and the accused during this process.
When pressed by Mkabayi, Fortuin remained firm in his testimony, maintaining that the investigation had been conducted with integrity and that the claims of torture were unsubstantiated.
“This case is being handled with utmost seriousness and care,” he told the court.
The Broader Context
The trial, taking place at the Western Cape High Court, continues to capture national headlines due to the sensitive nature of the allegations and the involvement of a missing child.
Joshlin’s disappearance sent shockwaves through the community of Saldanha Bay and prompted widespread media coverage, protests, and calls for justice.
The outcome of the trial may rest heavily on the validity of the confession statements and the credibility of the investigating officers, particularly as the defence continues to highlight alleged procedural misconduct.
What’s Next?
The trial is set to resume later this week, with further cross-examination of law enforcement officials expected. The court will also consider requests for expert testimony regarding the treatment of suspects during detention and interrogation.
Meanwhile, the search for Joshlin Smith continues, as authorities have yet to confirm her whereabouts or provide any concrete leads on whether she is still alive.
The nation watches with bated breath as the quest for justice for Joshlin unfolds in court.
