Cape Town – Steveno van Rhyn, a co-accused in the disappearance and alleged trafficking of six-year-old Joshlin Smith from Middelpos, has seen his claims of police torture unravel after a confession video was played in the Western Cape High Court.
Van Rhyn, known as "Steffie," had previously testified that police officers subjected him to brutal treatment during questioning, alleging that they beat him, put a gun in his mouth, and assaulted his genitals. These allegations, made last week, prompted a trial within a trial to determine the admissibility of his confession.
Van Rhyn is on trial alongside chommie Jacquen “Boeta” Appollis and Joshlin’s mom, Kelly Smith.
However, Van Rhyn's version of events began to fall apart yesterday as the State presented its evidence.
Before the footage was shown to the court, the State called Colonel Eddie Clark to the stand. Clark is from the Western Cape Serious and Violent Crimes Unit and has 32 years of service under his belt. Clark is also one of the investigators in the mammoth trial, currently also running in the Western Cape High Court against alleged underworld kingpin, Nafiz Modack and co-accused.
The footage shows Clark explaining to Van Rhyn what the charges are and how things will proceed from that point forward. Van Rhyn clearly says he understands.
The video depicted Colonel Eddie Clark, from the Western Cape Serious and Violent Crimes Unit, sitting at a desk with Van Rhyn seated opposite him. The footage shows Clark explaining to Van Rhyn what the charges are and how things will proceed from that point forward. Van Rhyn clearly says he understands.
Clark goes through the J88 where the doctor had noted the injuries Van Rhyn sustained. On Wednesday, Sergeant Mzamo Mbovane from Vredenburg SAPS testified that Van Rhyn told the doctor he sustained injuries to his legs and arms after falling from his friend’s bakkie. In the footage, Van Rhyn again confirmed he fell from the bakkie.
The footage ended after Van Rhyn explained he was hungry and needed to take medication. The court heard the confession was not finalised.
The video depicted Colonel Eddie Clark, from the Western Cape Serious and Violent Crimes Unit, sitting at a desk with Van Rhyn seated opposite him. The footage shows Clark explaining to Van Rhyn what the charges are and how things will proceed from that point forward. Van Rhyn clearly says he understands.
Crucially, the footage showed Van Rhyn confirming that he understood the charges against him. Furthermore, it showed him reiterating his earlier explanation to a doctor – that the injuries he sustained to his legs and arms were the result of a fall from his friend's bakkie (pickup truck). This directly contradicted his later claims of police torture.
During cross-examination, Nobahle Mkabayi, Van Rhyn’s lawyer, claimed her client was not taken to the doctor for procedural reasons but due to him being tortured.
Clark said he could not respond as he was not part of the matter.
She also claimed in the footage, she hears shackles, however, he disputed this. Clark went as far as asking for handcuffs from police officers to indicate the sound she heard was indeed handcuffs.
The footage was once again played, where Mkabayi swallowed her words and stated she had misheard the first time and that it indeed was handcuffs.
Judge Erasmus went as far as stating he is not sure if he and the defence were watching the same footage.
During cross-examination, Van Rhyn's lawyer, Nobahle Mkabayi, argued that her client was taken to the doctor not for procedural reasons, but because he had been tortured. She also claimed to hear the sound of shackles in the video. However, Colonel Clark disputed this, even producing handcuffs to demonstrate the sound she was likely hearing.
The footage was played again, leading Mkabayi to concede that she had misheard and that the sound was indeed handcuffs. Judge Erasmus remarked that he was unsure if he and the defence were watching the same footage, highlighting the inconsistencies in Van Rhyn's narrative.
Meanwhile, proceedings got off to a dramatic start yesterday when Kelly was excused due to a medical emergency. Two police officers then assisted in escorting Kelly out of court. She could barely walk and was leaning on the female police officers for support.
The trial continues to grip the nation as the search for Joshlin Smith remains ongoing.
