The man who was the last to see Joshlin Smith before her disappearance, Jacquen “Boeta” Appollis, ended his testimony today with harrowing claims of police brutality, which the State strongly disputed, raising concerns about the credibility of his allegations.
Appollis told the Western Cape High Court that he was assaulted, suffocated with a plastic bag, and beaten with batons while in police custody at the Sea Border offices in Saldanha Bay on March 4, 2024.
His testimony forms a critical part of the ongoing trial-within-a-trial, where the court must determine whether confessions made by Appollis and co-accused Steveno van Rhyn were coerced or obtained voluntarily.
“They wrapped me in a flag, used cable ties, and beat me. One man, Xhosa-speaking, asked if I knew Jesus before placing a black bag over my head. I said I didn’t know where Joshlin was, and that’s when the beatings started,” Appollis testified.
He also claimed he was suspended with his legs lifted using an aluminum pipe and hit repeatedly. “The pain was so severe, I thought I was going to die,” he said.
But State prosecutor Aradhana Heeramun delivered a tough cross-examination, casting doubt on his entire version of events.
She accused Appollis of misleading the court and also making up things.
The prosecutor pressed Appollis on the statements that were different.“You instructed different things to Sergeant Dawid Johannes Fortuin from Captain Wesley Lombard.
“Why? You are misleading the court. Are you making things up as we’re going along?”
Appollis replied no.
Heeramun said it is highly unlikely that something like this happened and he didn’t immediately report it.
“If your account is true, then the J88 medical report would reflect significant injuries. Instead, the report is almost empty,” she said.
Heeramun pointed to inconsistencies in Appollis's account, particularly that he told the doctor he was injured during his arrest, even though he claims the police warned him not to disclose the real cause.
The prosecution also noted that Appollis’s claims of suffocation with a plastic bag closely mirror the testimony given by co-accused Van Rhyn, prompting Heeramun to ask whether the two had coordinated their statements.
“Word for word, it’s the same. Did you and Mr Van Rhyn agree to say this in court?”
Appollis responded: “No, that is just how it happened to me.”
Judge Nathan Erasmus acknowledged the intimidation Appollis may have felt but noted that police presence during the medical exam could explain why he chose not to speak out.
Joshlin Smith, 6, vanished from Middelpos, Saldanha Bay, on February 19, 2024. She was reportedly left in the care of Appollis by her mother, Racquel “Kelly” Smith, who is also accused in the matter.
Appollis, Van Rhyn, and Smith were arrested in early March. Charges against a fourth accused, Lourentia “Renz” Lombaard, were later withdrawn.
A new accused, Maka Lima, was implicated after being named during interrogations.
The trial-within-a-trial was launched to test the admissibility of confessions made by Appollis and Van Rhyn, who claim they were tortured into making false admissions.
The State contends the confessions were made freely and that any injuries were not inflicted by officers.
The proceedings will continue on Tuesday.