Confession statements by two accused in the Joshlin Smith kidnapping and human trafficking trial will be admitted as evidence, Judge Nathan Erasmus ruled on Thursday.
The decision follows a trial within a trial, during which co-accused Jacquen Appollis and Steveno van Rhyn alleged they had been tortured by police into confessing their involvement. Appollis, Van Rhyn, and Joshlin’s mother, Kelly Smith, face charges related to the child’s disappearance.
Defence attorney Nubile Mkabayi, representing Van Rhyn, argued that the police acted improperly, deliberately violating her client’s constitutional rights through prolonged physical abuse and coercion during interrogation in March last year.
State prosecutor Aradanha Heeramun countered, asserting that the credibility of both Appollis and Van Rhyn had been undermined during rigorous cross-examination.
After hearing final arguments from both sides, Judge Erasmus determined that the confessions could legally be included as evidence.
The main trial is scheduled to continue next Tuesday.
