Jacquen Appollis, Steveno van Rhyn and Kelly Smith appeared before Judge Nathan Erasmus in the White City Multipurpose Centre in Saldanha Bay, in connection with the disappearance of Joshlin Smith.
Image: Ayanda Ndamane / Independent Newspapers
As the third day of the Joshlin Smith trial wrapped up, several bombshells were dropped during proceedings, including police torture.
On Wednesday, the plea explanations for Jacquen ‘Boeta’ Appollis, his friend Steveno van Rhyn and Kelly Smith were handed over to the court.
The trio face charges of kidnapping and trafficking in persons and pleaded not guilty to all charges.
Appollis, admitted he was in the presence of the children on February 19, 2024.
He said he had nothing to do with Joshlin's disappearance and told the court how attached he became to Kelly’s children since their relationship began.
Joshlin Smith went missing on February 19, 2024.
Image: Ayanda Ndamane/Independent Newspapers
He stated the children were being washed in a bucket when Kelly came home after midday. She had R50 and they went to the merchant where they purchased tik.
They came back home and smoked the tik.
At about 1pm, Kelly returned to work and the children were still being washed.
They got out and got dressed. He said he even made them sandwiches. Appollis explained the boy wanted to visit his godfather, while Joshlin asked to play with her friend.
Appollis detailed the excessive drug use on the day with van Rhyn and Kelly.
Appollis further claimed when he was questioned, he was handcuffed and told to lie on his stomach. He said he was assaulted by police.
He claimed he was not notified of his rights or told he was under arrest. According to Appollis, he was tortured by police who threatened to kill him.
"The police officers told me: 'vandag gaan jy dood (today you'll die)'. I was handcuffed, hanging mid-air with a plastic bag over my head.
"I couldn't breathe. They told me if I want to talk to nod my head. It was painful. I thought I was going to die," he said.
Appollis said in in order for the torture to stop, he told them what they wanted to hear and was threatened not to disclose where he received his injuries from during a medical examination at Vredenburg Hospital.
Van Rhyn explained he never saw Kelly’s children on the day and told of how he had smoked drugs with his co-accused.
On March 4, 2024, van Rhyn stated he was hitch-hiking to Saldanha from Vredenburg with his cousin’s boyfriend, when they were offered a lift in a white double cab bakkie.
When they reached their stop, he was not allowed to leave and realised the occupants were police officers who were armed.
He said they drove until Jacobs Bay where a second double cab bakkie arrived and claimed he was tortured while being handcuffed and assaulted.
“They pinched my testicles. Opened my mouth and forced a gun inside, promising to kill me and burning me inside the sand or throw me in the ocean,” he said.
He said he was taken to the Sea Board Offices where the assault continued and that he thought he was going to die because the pain was so severe as they had placed a plastic bag over his head and beat him.
He said for the torture to stop, he shook his head, and they removed the plastic bag and he provided a statement on what he knew.
Van Rhyn stated he was warned not to divulge any details of his injuries or he would be killed.
Kelly’s plea explanation had everyone baffled as the inconsistencies were evident from the get-go.
Previous testimony including police documents has revealed Kelly only reported her child missing after more than six hours. The court also heard during that the children were kept home due to their school uniforms being dirty.
Initially, it was said Joshlin was kept home with Boeta because she was not well. Both state witnesses, the first responding officers, also testified of how Kelly told them her daughter was home because she was ill. Kelly admitted she smoked drugs with her boyfriend after coming home midday.
It was also revealed for the first time that Kelly sent her son to search for Joshlin in the park and that she began to panic and informed her neighbour that the child was missing.
The neighbour said she would assist Kelly in locating her child and accompanied her to the Diazville to search for Joshlin.
She said she became hysterical and others joined the search and that the police was contacted.
A search began with the police using their vehicle.
This contradicted a previous testimony where it stated that police were flagged down to assist after receiving the call about a missing child in the Middlepos area.
Kelly remained adamant she is innocent.
The trial continues.
Cape Argus
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