The seventh week of the Joshlin Smith trial will resume with Jacquen ‘Boeta’ Appollis back on the stand.
He remains under cross-examination as the State continues to scrutinise his testimony regarding the alleged assault that he claims took place at the Sea Border Police Unit offices in Saldanha Bay.
Appollis was arrested along with six-year-old Joshlin’s mother and girlfriend, Racquel ‘Kelly’ Smith, and their friend Steveno ‘Steffie’ van Rhyn, following Joshlin’s disappearance from her Middelpos home on February 19, 2024.
The case is currently before the Western Cape High Court and is sitting at the White City Multipurpose Centre in Diazville, Saldanha Bay.
During the main trial, Appollis and Van Rhyn claimed they were forced to confess, alleging torture and assault at the hands of the police.
As a result, a trial within a trial was launched to determine the admissibility of their confessions. This process is now nearing its end.
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On Friday, Appollis took the stand and demonstrated how police allegedly beat him with batons, placed a black plastic bag over his head to suffocate him, and wrapped his body in a flag.
However, police officers have denied all allegations of assault, claiming that Appollis already had injuries when he arrived at the Sea Border offices.
They said Appollis stated that he had sustained those injuries during his arrest.
This week, the cross-examination of Appollis will continue, and another defence witness may be called to testify. Van Rhyn is expected to take the stand and provide his account of what happened during his arrest.
His lawyer, Nobahle Mkabayi, has claimed that her client was picked up by two men on March 4, 2024 around 3 pm, shortly after attending a separate matter in the Vredenburg Magistrates’ Court.
“My client thought they were good Samaritans until they took him to Jacobsbaai Beach, assaulted him, and pinched his private parts,” she told the court.
“Around 4 pm, they took him to the Sea Border offices, where he was further assaulted.”
Mkabayi also told the court that her client had been in a state of exhaustion and sleep deprivation while Captain Philip Seekoei was recording his confession.
“My client instructed me that he was sleep-deprived, exhausted, and hungry,” she said.
She questioned why the detective did not stop the interview under those conditions.
Seekoei responded that he saw no need to stop.
Meanwhile, Kelly Smith was not present in court on Friday as she required medical assistance. Presiding Judge Nathan Erasmus stated that he would attend to administrative work on Monday, and court proceedings would resume on Tuesday morning at 10 am.
Cape Argus