Joshlin Smith trial: Police captain asked why he continued writing statement when accused was actually asleep
The trial within a trial around the admissibility of evidence, continues in Saldanha Bay.
Kelly Smith (right), Jaquen Appollis and Stevano van Rhyn in the Western Cape high Court sitting in the Saldanha Bay Multi-Purpose Centre on 07 April 2025. Picture: Kayleen Morgan /EWN.
702'S John Perlman gets an update from Eyewitness News reporter Carlo Petersen.
As the Joshlin Smith trial continues in the Western Cape High Court sitting in Saldanha Bay, a trial within a trial is examining the admissibility of disputed statements by two of the accused.
The little girl - then six years old - went missing more than a year ago, on 19 February 2024.
RELATED: Joshlin Smith: Detective to be cross-examined over confession statements from 2 accused
Jacquen Appollis and Stevano van Rhyn, in the dock alongside Joshlin's mother Racquel 'Kelly' Smith, say they were tortured by police.
They also claim they were told to implicate Smith, as the mastermind behind the child's disappearance.
On Wednesday, a police captain was cross-examined about the confession statement he took from van Rhyn in March last year, when the accused appeared to be asleep.
Carlo Petersen reports that the attorney for the accused used video footage of captain Philip Seekoei which shows him continuing to write down the statement while the accused's eyes were closed.
"Seekoei told the court that he did not notice the accused's eyes were closed... but he admitted that the accused did appear to be tired."
Carlo Petersen, Reporter - Eyewitness News
Petersen says he expects Judge Nathan Erasmus will make a decision about which of the contested statements by the two male accused will be admissible and able to be used by the state in their case.
Following that, the state is likely to continue with their main case of kidnapping and trafficking against the accused
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