Steveno van Rhyn claims he was tortured by authorities.
Image: Ayanda Ndamane/Independent Newspapers
The investigating officer in the disappearance of Joshlin Smith, Detective Captain Wesley Lombard, on Tuesday denied allegations that he instructed others to assault accused Steveno van Rhyn.
Lombard was under cross-examination when Nobahle Mkabayi, the legal representative for van Rhyn, asserted that her client alleged Lombard instructed people to assault him.
Previously, in his plea explanation, van Rhyn told the court he was assaulted and handcuffed by men he got a lift from. He later discovered that they were cops, and he was taken to Jacobsbaai.
He said he was told he was going to be killed and was continuously asked where Joshlin was.
He was later taken to the Seaboard offices where he was further tortured by being hung in the air, suffocated with a plastic bag, beaten, and had his testicles pinched.
Van Rhyn also claimed at one point, a firearm was placed in his mouth and he was threatened.
“It is my instructions that you were up and down not doing interviews [at the Seaboard offices] you were up and down instructing people to beat him [van Rhyn],” Mkabayi submitted.
However, Lombard stated this was not true and he never gave anyone instructions to assault any of the accused.
Mkabayi explained how her client could barely walk after he was suspended in the air and assaulted.
“My client said he couldn't walk properly because of how his testes were pinched,” she submitted.
Lombard responded: “I have no comment. The only time I saw him walking was from the boardroom to the office. I didn’t notice him walking in pain. If I had noticed, I would have asked him what was happening”.
While Mkabayi held firm Lombard was present and called the shots during the alleged assault and ‘torture’ of her client, Lombard remained adamant he was not present and the alleged incidents never transpired in his presence.
Lombard further told the court that when he had met all three accused, none of them appeared to have been assaulted or tortured, they looked on edge because interviews were to be conducted.
He also explained that if any of the accused were to have been assaulted, he would surely have seen this.
Lombard also made an argument that if van Rhyn had been hanging from handcuffs he would have gotten scared from the handcuffs as his body mass would be pulling him down.
He further told the court this would have been documented on the J88 document.
A J88 document is a police document filled in by a doctor.
“We do not do J88s, doctors do,” Lombard told Mkabayi.
While she remained adamant her client was threatened not to reveal his injuries to the doctor, Lombard said: “As your client indicated the injuries would then be on his forearm. It would be difficult for a doctor not to see it. So, his story that the doctor did not see is not plausible.”
Earlier as proceedings were set to begin, Judge Nathan Erasmus condemned cyberbullying taking place.
“It has come to my attention that the State and defence [counsels] have become victims of cyberbullying and AI (artificial intelligence) manipulation of sound,” he said.
This comes as one of the defence counsels was trending on TikTok at the weekend.
In the video, the court has adjourned, and news cameras are still on, the mic then allegedly gets Mkabayi stating the judge was racist.
Judge Erasmus also touched on other topics that have been spreading on social media, where a TikTok user, who claims God has been revealing all involved in the Joshlin Smith matter, named those involved, including legal counsels and the judge.
“People have been spreading stories, including of myself, being part of the disappearance of Joshlin. Maybe, these are the signs of the times … We will not be deterred by these individuals who try to undermine the processes of the court. We shall act without fear or favour,” Judge Erasmus said.
Cape Times