A week of intense courtroom drama unfolded in the Western Cape High Court as two of the accused in the Joshlin Smith case detailed disturbing allegations of torture by police, while the State pushed back against claims that confessions were coerced.
The trial-within-a-trial is examining whether confessions made by accused Jacquen “Boeta” Appollis and Steveno “Steffie” van Rhyn were obtained voluntarily.
Both men claim they were brutally assaulted and psychologically manipulated during interrogations in the days following their arrest in early March 2024.
Joshlin, six, went missing on 19 February 2024 from her home in Middelpos, Saldanha Bay. Her mother, Racquel “Kelly” Smith, left her in the care of Appollis.
Kelly, Appollis, and Van Rhyn were later arrested. A fourth accused, Maka Lima, was added after being implicated by one of the other accused during interrogation, but charges against her were dropped. A fifth person, Lourentia “Renz” Lombaard, was also charged with kidnapping and human trafficking. She has since turned state witness.
On Monday, defence attorney Nobahle Mkabayi cross-examined Sergeant Dawid Fortuin of the Anti-Kidnapping Unit, who testified that Van Rhyn first mentioned Lima’s involvement and that Appollis later confirmed it.
He said he noticed inconsistencies in the accused's timelines and statements during their interviews. Both allegedly told police that Maka Lima and Kelly Smith should be questioned about Joshlin's disappearance.
During cross-examination, Fortuin denied knowing anything about another man named Ayanda Litoni, despite social media videos suggesting he had been removed from the area by police.
Lieutenant-Colonel Adrian Pretorius, who took Appollis’ confession, acknowledged that Appollis mentioned injuries but denied recalling any on his hand until shown video footage.
Warrant Officer Heinrich Schmidlin, who escorted Appollis for a medical check-up, corroborated seeing injuries to his foot, knee, and eye but said Appollis claimed they were from jumping out of a police van.
Captain Philip Seekoei, who recorded Van Rhyn’s statement, took the stand on Wednesday afternoon.
Mkabayi showed the court a video that depicted Van Rhyn appearing disoriented, injured, and possibly sleep-deprived. She argued this undermined the credibility of the confession.
Mkabayi stated her client was beaten on his head and legs, suffocated with a plastic bag, and forced to implicate Maka Lima. Seekoei continued to testify as Mkabayi pressed him for answers.
She argued that her client had not been in the right frame of mind when the Captain read Van Rhyn his rights and also when the officer recorded the confession.
The cross-examination ended on Thursday afternoon.
Appollis took the stand on Friday morning and described being handcuffed, wrapped in a flag, and beaten with batons while blindfolded. He also claimed he was suspended with an aluminium pipe under his knees and suffocated.
According to his testimony, he witnessed police assaulting Van Rhyn and later saw female officers hitting Maka Lima under her feet.
“They told me to say that Steveno and I took Joshlin to Maka Lima, and that she was going to give Kelly R20,000,” Appollis said.
State prosecutor Aradhana Heeramun launched a vigorous challenge, questioning why Appollis never filed a formal complaint against the police.
She pointed out that the J88 medical report, completed by an independent doctor, did not support the extent of injuries Appollis described. “If what you say is true, the J88 would be lit up,” Heeramun said.
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Appollis admitted he lied to the doctor, saying he was injured during arrest, claiming he was afraid to reveal the truth because the officers who assaulted him were present at the hospital.
Heeramun also noted that both Appollis and Van Rhyn described the assault in near-identical language.
“Why is it word for word the same?” she asked.
Appollis responded: “That is how it happened with me, and that is what I understand.”
The State will resume the cross-examination on Tuesday, as the court will not be sitting at the White City Multipurpose Centre on Monday.
Judge Nathan Erasmus said he would like the trial-within-a-trial to conclude next week so the main trial can proceed.