JOSHLIN JUDGE: DON'T ASK TRICKY QUESTIONS

JUDGE Nathan Erasmus yesterday told prosecutors not to trap Joshlin Smith co-accused Steveno van Rhyn with tricky questions.

Van Rhyn is on trial for the kidnapping and trafficking of the Middelpos meisie, along with her mother Raquel “Kelly” Smith and her berk Jacquen “Boeta” Appollis in the Western Cape High Court.

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.

Addressing Van Rhyn, Erasmus said: “I am very conscious of your level of education.

“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 grilled him about inconsistencies in his version of events after he claimed the police tortured him into giving a false confession.

Erasmus advised Swanepoel to simplify her questions and ask them in a more direct, leading format to avoid confusion.

He said: “The key is, Ms Swanepoel, we must remember that while your witnesses may be seasoned in court, Mr Van Rhyn is not."

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.