'NOT GUILTY'

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, who admitted he was in the presence of the children on 19 February 2024, stated he had nothing to do with Joshlin’s disappearance. He even told the court how attached he got to Kelly’s children since their relationship began. 

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 bought tik.

At about 1pm, Kelly left to go back to work and the children were still in the bucket.

They got out and got dressed. He said he even made them sandwiches. Appollis stated the boy wanted to head to 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.

"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.

"I realised they would not stop the torture until they hear what they want to hear. So I told them what they wanted to hear," Appollis said.

He further claimed that he was threatened by police not to disclose where he got his injuries during his medical examination at the Vredenburg Hospital.

Van Rhyn stated he never saw Kelly’s children on the day and also explained how he had smoked drugs with his co-accused. 

On 4 March 2024, van Rhyn stated that he was hitch-hiking to Saldanha from Vredenburg with his cousin’s boyfriend. They were offered a lift in a white double cab bakkie, but upon reaching their stop, he was instructed to remain in the vehicle.

“I started panicking and enquired why I was not allowed to leave. I realised the occupants were police officials and they were armed. They drove with me until Jacobs Bay Beach. We were followed by another double cab bakkie,” van Rhyn said. 

He claimed he was tortured.

“I was handcuffed and taken to the bakkie. I was ordered to lie down flat with my stomach on the back of the bakkie. I was assaulted. After some time of the assault, I was taken from the back of the bakkie close to the ocean,” he said. 

Van Rhyn made hectic allegations against the alleged police officials. 

“They pinched my testicles. Opened my mouth and forced a gun inside my mouth, promising to kill me and burning me inside the sand or throw me in the ocean,” he said.

He further stated he was taken to the Sea Board Offices where the assault continued. Van Rhyn said several police officers were present and he was threatened about death or being killed. 

“They removed the handcuffs and ordered me to take off my sweater. I removed my sweater and they handcuffed me again. I was hanging mid-air. A plastic bag was placed over my head while I was hit on my head, legs, feet, and hands,” he said. 

“I could not breathe. This pain was so severe that felt that I was going to die. This was repeated several times. They slightly pushed my forehead so I could swing,” van Rhyn said. 

He further explained that for the torture to stop, he shook his head, and they removed the plastic bag. "I said that I am ready to talk even though they have my detailed statement telling them what I know. I realised if I don’t tell them what they want to hear, they will kill me,” he said.

Van Rhyn further stated when he went for a medical examination, 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 that Kelly only reported her child missing after more than six hours. The court also heard during the plea explanation 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 Kelly told them her daughter was home because she was ill. Kelly admits to coming home during midday on the day after she borrowed R50 and came home to smoke drugs with her boyfriend.

For the first time, the court also heard that Kelly sent her son to look for Joshlin at the park. This, after she was 'in such a panic', she informed the neighbour her daughter was missing and was told Joshlin was last seen playing at the park. The neighbour said she would assist Kelly in locating her child. Kelly said her neighbour had accompanied her as they were headed to Diazville in search of Joshlin.

"It was at this stage that I had become hysterical, and others joined in the search for her," Kelly said.

She further stated the police were contacted at about 9 pm and claimed they had come to her home, where she got into their vehicle and the search for Joshlin continued. However, this contradicts previous testimony where it was stated police were flagged down to assist after receiving the call about a missing child in the Middelpos area.

Kelly remained adamant she is innocent.

The trial continues.