Joshlin Smith trial hears mom's boyfriend was 'tortured by police'

The investigating officer in the Joshlin Smith kidnapping and human trafficking case was quizzed in the high court in Saldanha Bay on Friday by the defence on whether he knew if one of the three accused was “tortured” by police looking for the missing child.

Advocate Fanie Harmse, representing Jacquin “Boeta” Appollis, told the court his instructions were that Capt Wesley Lombard and other police had questioned his client and accused him of “talking sh*t and I’m lying”.  

“After those words were uttered they cuffed his left hand to his right hand, told him to sit on the floor, pull his knees up to his chest and place his cuffed hands over his knees,” said Harmse.  

“He said they pushed an aluminium rod from one side of the arm, under the legs and over the other arm, one member took hold of one end of the pipe and another the other side and lifted him in the air. He said after that they placed a black plastic bag over his head.  

“One Xhosa official slapped him hard on the face and the bag was held tight so he could not breathe.”

Harmse asked if Lombard knew about that. Lombard replied he did not and added if police were involved in a physical altercation with a potential suspect it would have been reported. However, nothing was reported.

Despite having gone in and out of the room at the time, Lombard told the court there would have been no place to hide the items used in the alleged assault.

Lombard said he did not see any indications such as sweating or anxiety that would have indicated something was wrong with Appollis.

The court previously heard in Appollis’ plea explanation that he was allegedly handcuffed and tortured by police and later taken to a place where he was told he was “going to die”.

Appollis and co-accused Steveno van Rhyn contend their confessions were made under duress.

The court heard on Thursday Joshlin's mother, accused Raquel “Kelly” Smith, expressed disbelief when she was detained and was told her boyfriend suggested the police ask her what happened to the child.

Lombard said Smith started swearing and said, “How can Boeta do this to me? I trusted him, I love him”. The words were repeated. 

“I said to her, 'You worry about Boeta but not about Joshlin'. I made a mistake saying that because Kelly raised her voice and became aggressive. She mentioned, ‘What must I do? My child is gone’ and in the same breath scolded, swore and insulted family members and blamed them for the situation she was in.”

The trial continues.

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