Saldanha Bay, Western Cape – Detective Captain Wesley Lombard, the investigating officer in the disappearance of Joshlin Smith, has vehemently denied allegations that he instructed others to assault Steveno van Rhyn, one of the co-accused in the case. The denial came during cross-examination by Van Rhyn's legal representative, Nobahle Mkabayi, in the Western Cape High Court in Middelpos, Saldanha Bay, where the trial of Van Rhyn, Jacquen "Boeta" Appollis, and Joshlin's mother, Racquel "Kelly" Smith, is ongoing.
Mkabayi asserted that her client, Van Rhyn, had alleged that Lombard instructed others to assault him, emphasising that it was Lombard who issued the orders for Van Rhyn to be roughed up.
Previously, in his plea explanation, Van Rhyn told the court that he was assaulted and handcuffed by men he later discovered were police officers, after they gave him a lift. He claimed he was taken to Jacobsbaai, threatened with death, and continuously interrogated about Joshlin's whereabouts.
Van Rhyn further alleged that he was taken to the Seaboard offices, where he was subjected to further torture, including being hung in the air, suffocated with a plastic bag, beaten, and having his testicles pinched. He also claimed that a firearm was placed in his mouth during one of these alleged incidents.
Mkabayi submitted: “It is my instructions that you were up and down not doing interviews [at the Seaboard offices] you were up and down instructing people to beat him [van Rhyn].” She added: “My client said he couldn't walk properly because of how his testes were pinched.”
However, Lombard firmly refuted these claims, stating that they were untrue and that he never gave anyone instructions to assault any of the accused.
Lombard responded: “I have no comment. The only time I saw him walking was from the boardroom to the office. I didn’t notice him walking in pain. If I had noticed, I would have asked him what was happening”.
While Mkabayi maintained that Lombard was present and calling the shots during the alleged assault and torture of her client, Lombard remained adamant that he was not present and that the alleged incidents never transpired in his presence.
Lombard further told the court that when he had met all three accused, none of them appeared to have been assaulted or tortured, although they did seem on edge due to the impending interviews. He also explained that if any of the accused had been assaulted, he would surely have noticed.
Lombard also argued that if Van Rhyn had been hanging from handcuffs, the weight of his body would have caused significant pain and potential injuries. He further told the court that any injuries sustained during such an assault would have been documented on the J88 form.
A J88 document is a police document filled in by a doctor, detailing any injuries sustained by an individual.
“We do not do J88s, doctors do,” Lombard told Mkabayi.
While Mkabayi remained adamant that her client was threatened not to reveal his injuries to the doctor, Lombard countered: “As your client indicated the injuries would then be on his forearm. It would be difficult for a doctor to see it. So, his story that the doctor did not see is not plausible.”
Van Rhyn also took the opportunity to raise his hand twice during the proceedings to provide instructions to his legal counsel.
Earlier, as proceedings were set to begin, Judge Nathan Erasmus addressed the court to condemn the cyberbullying that has been taking place in connection with the case.
“It has come to my attention that the State and defence [counsels] have become victims of cyberbullying and AI (artificial intelligence) manipulation of sound,” he said.
This comes after one of the defence counsels was trending on TikTok at the weekend. In the video, which was purportedly recorded after the court had adjourned and while news cameras were still rolling, Mkabayi was allegedly heard stating that the judge was racist.
Judge Erasmus also addressed other rumours circulating on social media, including claims made by a TikTok user who alleged that God had revealed the identities of all those involved in Joshlin Smith's disappearance, including legal counsels and the judge himself.
“People have been spreading stories, including of myself, being part of the disappearance of Joshlin. Maybe, these are the signs of the times … We will not be deterred by these individuals who try to undermine the processes of the court. We shall act without fear or favour,” Judge Erasmus stated, underscoring the court's commitment to upholding justice despite the external pressures and misinformation campaigns.
The trial continues amidst these allegations and concerns about the integrity of the legal process being undermined by online misinformation and harassment.
