An attorney representing an accused in the Joshlin Smith kidnapping and human trafficking trial continued cross-examining a police captain on Thursday about whether her client was sleeping when he was being questioned.
The high court sitting in Saldanha Bay is hearing a trial within a trial to determine if evidence of an alleged assault on Jacquin “Boeta” Appollis and Steveno van Rhyn would be admissible in the main trial. The duo claim they were coerced into making confessions.
Attorney Nobahle Mkabayi, representing Van Rhyn, cross-examined Capt Philip Seekoei about video footage evidence of his confession.
Joshlin’s mother, Raquel “Kelly” Smith and her two co-accused have pleaded not guilty to kidnapping and human trafficking charges.
Mkabayi put it to Seekoei that her client’s eyes were closed most of the time during the discussion as he was “exhausted, under strain, drowsy, not comfortable and not calm”. She wanted to know why Seekoei did not ask Van Rhyn why his eyes were closed.
“The accused told me his story. I wrote it down and when I looked up at him his eyes were open and as I look at the video I can see he was with me and he was present. I asked him whether he was fine which he confirmed. I asked if he was sure and he answered yes,” said Seekoei.
Mkabayi argued the captain had engaged her client while he was drowsy.
She added her client had grimaced in pain but Seekoei said in his experience it was the body language of a person who was hesitant to answer a question.
“My client was brought before you against his will. He has no knowledge of that statement. When he was brought before you he was in pain, as he was deprived of the night’s sleep,” said Mkabayi.
The court previously heard evidence from Dr Hendrik Nel who examined Appollis and Van Rhyn on March 5 last year, before they made their confessions.
Nel said Van Rhyn told him he was injured falling from a bakkie the previous day.
The trial continues.
TimesLIVE
Defence argues 'drowsy' accused has no knowledge of 'confession' in Joshlin kidnap trial
Image: Ruvan Boshoff
An attorney representing an accused in the Joshlin Smith kidnapping and human trafficking trial continued cross-examining a police captain on Thursday about whether her client was sleeping when he was being questioned.
The high court sitting in Saldanha Bay is hearing a trial within a trial to determine if evidence of an alleged assault on Jacquin “Boeta” Appollis and Steveno van Rhyn would be admissible in the main trial. The duo claim they were coerced into making confessions.
Attorney Nobahle Mkabayi, representing Van Rhyn, cross-examined Capt Philip Seekoei about video footage evidence of his confession.
Joshlin’s mother, Raquel “Kelly” Smith and her two co-accused have pleaded not guilty to kidnapping and human trafficking charges.
Mkabayi put it to Seekoei that her client’s eyes were closed most of the time during the discussion as he was “exhausted, under strain, drowsy, not comfortable and not calm”. She wanted to know why Seekoei did not ask Van Rhyn why his eyes were closed.
“The accused told me his story. I wrote it down and when I looked up at him his eyes were open and as I look at the video I can see he was with me and he was present. I asked him whether he was fine which he confirmed. I asked if he was sure and he answered yes,” said Seekoei.
Mkabayi argued the captain had engaged her client while he was drowsy.
She added her client had grimaced in pain but Seekoei said in his experience it was the body language of a person who was hesitant to answer a question.
“My client was brought before you against his will. He has no knowledge of that statement. When he was brought before you he was in pain, as he was deprived of the night’s sleep,” said Mkabayi.
The court previously heard evidence from Dr Hendrik Nel who examined Appollis and Van Rhyn on March 5 last year, before they made their confessions.
Nel said Van Rhyn told him he was injured falling from a bakkie the previous day.
The trial continues.
TimesLIVE
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