Brigadier Leon Hanana during cross-examination on Wednesday
A senior police officer on Wednesday firmly rejected allegations that two men accused in the kidnapping and trafficking case of missing six-year-old Joslin Smith were tortured into making confessions.
Testifying in the Western Cape high court sitting in Saldanha Bay, Brigadier Leon Hanana, head of the province’s Serious and Violent Crimes Unit, said he would not allow himself to be pressured into arbitrary arrests, despite the high-profile nature of the investigation.
Hanana was under cross-examination in a trial-within-a-trial, a legal process aimed at determining whether confessions made by Jacquen “Boeta” Appollis and Steveno van Rhyn were obtained through coercion and should be admissible in court.
The two men, along with Joslin’s mother, Kelly Smith — who was in a relationship with Appollis — have pleaded not guilty to all charges. Smith has not alleged any police misconduct.
Last year, charges were withdrawn against the fourth accused, Lourentia Lombaard, who has turned state witness.
Joslin has been missing since 19 February 2024, while she was in the care of Appollis.
The state alleges Smith sold her to a sangoma for R20 000 and that Appollis, Van Rhyn and Lombaard were aware of the plan, with the latter two being paid R1 200 and R1 000, respectively, in hush money.
Last week, and on Monday, Hanana’s subordinate and the investigating officer in the case, Captain Wesley Lombard, also denied that any torture had taken place and that Appollis and Van Rhyn were forced into making false confessions.
The disputed confessions were obtained on 4 March 2024 and into the early hours of the following day.
Cross-examination of Hanana by Advocate Fanie Harmse, acting for Appollis, started on Tuesday afternoon.
Hanana denied witnessing any abuse and testified that, if any had taken place, he would have taken disciplinary or legal action.
Wrapping up on Wednesday morning, Harmse said it was because of external pressure that the team Hanana was in charge of found Appollis and Van Rhyn and conducted additional interviews, during which they were tortured.
“The result of the further interviews was that they were forced, physically … persuaded to give evidence that would amount to a ‘breakthrough’, which led to their ‘confessions’,” Harmse said.
That was not the case, responded Hanana, repeating that he had already said he would “not be pressured by the public or the media into making arrests”.
Hanana repeated this when attorney Nobahle Mkabayi, acting for Van Rhyn, started her cross-examination.
Mkabayi said that while Van Rhyn was walking on 4 March 2024, he was offered a lift by two people who, unbeknownst to him, were police. They took him to Jacobs Bay beach, where the alleged torture started.
He was then taken to the Sea Border offices where, from about 3pm until about 2am on 5 March, he was tortured and interrogated.
Responded Hanana: “My testimony was — this morning and yesterday — I was not part of the operational interviews of suspects. I didn’t even see them.”
Continuing to describe the alleged torture, Mkabayi asked if Hanana had heard Van Rhyn’s screams.
“If that happened in my presence, I would have stopped the interview and taken disciplinary or criminal steps and I would have acted on it,” said Hanana.
Mkabayi repeated: “Did you hear screams at the Sea Border offices on that night?”
“No, I did not hear any screams while I was sitting in the incidence office on that night,” Hanana replied.
“Do you have hearing difficulties?” asked Mkabayi.
Advocate Aradhana Heeramun, the state prosecutor, objected to the question, but Judge Nathan Erasmus allowed it.
Hanana said his hearing probably wasn’t what it was when he was younger but he would not have missed screams.
It was only after he was tortured, said Mkabayi, that her client had told the officers present that he was ready to speak. “Brigadier, this interview was on your instructions,” she said.
Said Hanana: “If I can remind the defence attorney that my role was a strategic role. The lead investigator [Lombard] was handling operational matters. I cannot comment on things that happened during interviews.”
He added that, if there had been any misconduct, Lombard would have informed him.
Upon further cross-examination, Hanana reiterated that his role was strategic and operational commanders took care of investigations.
“I know where my role and my limits are, [that’s why I did not speak to the suspects]. My role was to make sure we found Joslin … I have to support the investigation team, so they perform optimally. I will not go and interview or take over the operational work.”
During re-examination, Heeramun asked if Smith had ever mentioned that she had heard screaming, while she was sitting at the Sea Border offices.
“No,” said Hanana.
In their plea explanations, presented at the start of the trial, Appollis and Van Rhyn described, in exactly the same words, how they were allegedly handcuffed, suspended “mid-air” with chairs beneath them, had plastic bags placed over their heads and were hit repeatedly. Both also claimed they were not informed of their rights before being interviewed.
