Joshlin Smith trial: Prosecutor continues to question Appollis over torture claims

SALDANHA BAY - A prosecutor in the Joshlin Smith trial has continued to question an accused in a trial within a trial on Tuesday.

Legal teams are arguing whether confession statements by two of the accused can be used as evidence by the State.

ALSO READ: Joshlin Smith trial: Court set to rule on admissibility of 2 confessions

Accused number one, Jacquen Appollis, is being cross-examined about claims he was tortured by police during interrogation in 2024.

Appollis, Stevano van Rhyn, and Joshlin's mother, Kelly Smith, are on trial for the child's disappearance.

Prosecutor Aradanha Heeramun is questioning Appollis about why he did not instruct his lawyer to question police witnesses about his alleged torture.

Appollis claims he was beaten repeatedly during his interrogation by police before his arrest in March 2024.

In his evidence in chief, Appollis stated that three detectives instructed him not to tell doctors how he got injured when he was taken to hospital for an examination.

Heeramun asked Appollis why this wasn't put to one of the detectives when he testified in the trial within a trial.

"My question is: When Schmidlin testified, why was it not put to Schmidlin? This is what my client will say, why was it not done?"

Appollis responded that he only acted on instruction from his attorney.

The trial within a trial continues.