The cross-examination of Captain Philip Seekoei is expected to continue on Thursday in the Western Cape High Court, as defence advocate Nobahle Mkabayi challenges the legality of a confession made by the accused Steveno van Rhyn in the disappearance of six-year-old Joshlin Smith.
The video clips were recorded by the police on 4 and 5 March 2024, roughly two weeks after Joshlin went missing from her home in Middelpos, Saldanha Bay.
Her mother, Racquel "Kelly" Smith, claimed she had left Joshlin in the care of her boyfriend, Jacquen "Boeta" Appollis, while she was at work. Appollis later told police that Joshlin walked off angrily around 2 pm on 19 February, after which he smoked tik with Steveno "Steffie" van Rhyn and former co-accused Lourentia "Renz" Lombaard.
All four were initially arrested, though charges against Lombaard were later dropped.
On 4 March, police interviewed Kelly, Appollis, and van Rhyn, then detained them along with a fourth suspect, Maka Lima, in the early hours of 5 March.
Maka Lima was implicated by Appollis and van Rhyn, who now claim they were coerced into doing so.
The current trial-within-a-trial is focused on determining whether the confessions were made voluntarily or obtained under duress.
During Wednesday’s proceedings, Mkabayi grilled Seekoei on why he did not stop the interview, despite clear signs that van Rhyn was in physical distress, sleep-deprived, and emotionally strained.
Seekoei admitted he did not ask van Rhyn why he was limping or struggling to sit, nor did he stop the confession after observing that the accused was yawning and looked tired.
“My client looks traumatised, stressed, and exhausted. Why didn’t you stop the proceedings?” asked Mkabayi.
“I didn’t deem it necessary,” Seekoei responded.
Video footage played in court showed van Rhyn limping, wearing socks without shoes which Mkabayi said was due to swelling from alleged torture and struggling to lower himself into a chair.
Judge Nathan Erasmus questioned whether Seekoei properly assessed van Rhyn’s mental and physical state before taking the statement, especially given that another officer earlier testified that the accused had fallen asleep during a prior interview.
Seekoei conceded that had he known van Rhyn was sleep-deprived, hungry, or assaulted, he would not have continued with the confession.