Joshlin kidnap accused claims he was asked 'Do you know Jesus?' before alleged torture

One of the accused in the Joshlin Smith kidnapping and human trafficking trial took the stand in the high court sitting in Saldanha Bay on Friday to testify he was tortured during interrogation by police.

Jacquin “Boeta” Appollis — boyfriend of Joshlin's mother Raquel “Kelly” Smith — was testifying during a trial within a trial to determine if confessions made by him and co-accused Steveno Van Rhyn can be used in the main trial. They allege police assaulted them and the confessions were made under duress.

Appollis alleged in his testimony:

• during interviews at the Saldanha Bay police station sea border offices on March 4 2024 he was accused of lying and “talking sh*t”; 
• he was told to sit on the floor with hands cuffed, pull his knees up to his chest and place his cuffed hands over his knees;
• a rod was placed under his knees and he was lifted into the air and asked, “Do you know Jesus?’;
• a black plastic bag was pulled over his head;   
• he struggled to breathe and was slapped hard across the face; 
• when the bag came off he saw Van Rhyn being brought in and was subjected to the same procedure, suspended in the air and beaten;  
• he was wrapped in a police flag with hands cable-tied and beaten; and
• the beatings stopped after he confirmed knowing a person called Makalima who lived in Middelpos — where Joshlin lived.

Later he was placed in a police vehicle and remained there until being told in the early hours of the morning he would be taken to hospital for examination.

Appollis' alleged confession was read to him and he was asked which parts were true and which were not.

He disputed having taken Joshlin, on the instructions of Smith, to Makalima for R20,000.

He agreed with part of the confession detailing how he, Van Rhyn and Smith went to refill a gas canister and smoked drugs on the evening of February 19 — the day Smith reported Joshlin missing.

Prosecutor Aradhana Heeramun asked why he did not tell his legal counsel about the assault during earlier appearances in the Vredenberg magistrate’s court. 

Appollis said he was scared. However, he later told his legal representative and was advised to bring up the assault once the case was transferred to the high court.

The court heard he did not see the investigating officer Capt Wesley Lombard and Sgt David Fortuin during the alleged assault. However, previously Van Rhyn said he saw Lombard in the room telling the officials to “beat them”. 

Heeramun questioned who was lying — he or Van Rhyn. 

“I cannot comment, we did not see and hear the same thing,” said Appollis. 

She asked, if that was the case, why were part of their plea explanations similar? 

“This is what you said at [this section] in your plea explanation: ‘A plastic bag was pulled over my head while I was hit on my head, legs, feet and hands. I could not breathe. They told me if I want to talk I should shake my head. This carried on while I could not breathe. The pain was so severe that I felt I was going to die, this was repeated several times’. 

“If I look at Van Rhyn’s document [at this section] this is what he says: ‘A plastic bag was pulled over my head while I was hit on my head, legs, feet and hands. I could not breathe. They told me if I want to talk I must shake my head. This carried on while I could not breathe. The pain was so severe that I felt I was going to die, this was repeated several times’.” 

Heeramun asked Appollis if he and Van Rhyn had discussed what they were going to tell the court.

Appollis replied that was what had happened to him and he could not explain why the sections were the same.

TimesLIVE