Accused Steveno van Rhyn faced tough cross-examination at the Western Cape High Court over his claims of police torture and coerced confessions in the disappearance of six-year-old Joshlin Smith on Wednesday.
However, much of the focus in court turned to Judge Nathan Erasmus, who paused proceedings to offer firm guidance on how questioning should be handled, emphasising fairness, simplicity, and comprehension.
Judge Erasmus addressed concerns about Van Rhyn’s low level of education, reminding the court that the accused did not pass Standard 4 (Grade 6) and may struggle with complex legal phrasing.
“I am very conscious of your level of education,” Erasmus told Van Rhyn directly.
“It doesn’t mean that you are not intelligent enough, I just don’t want you to trip up because of the court setting or that we are using long sentences and big words, because your life is on the line here, literally.”
This came after Senior Prosecutor Advocate Zelda Swanepoel began cross-examination, challenging inconsistencies in Van Rhyn’s version of events regarding his alleged torture and arrest. Erasmus advised Swanepoel to simplify her questions and ask them in a more direct, leading format to avoid confusion.
“The key is, Ms Swanepoel, we must remember that while your witnesses may be seasoned in court, Mr Van Rhyn is not,” Erasmus said.
He added that if something put to police witnesses earlier was incorrect, Van Rhyn may not have understood it well enough to raise it with his lawyer at the time.
Van Rhyn claimed the police tortured him into giving a false confession in the disappearance of six-year-old Joshlin Smith, who vanished from her home in Middelpos, Saldanha Bay, on February, 19, 2024.
He and co-accused Jacquen Appollis, Racquel 'Kelly Smith', are standing trial in the Western Cape High Court.
The trio face charges of kidnapping and human trafficking.
Cape Argus