The lawyer of Jacquen ‘Boeta’ Appollis is expected to continue cross-examining the detective who led police interviews two weeks after six-year-old Joshlin Smith went missing.
Testifying in the "trial within a trial" on Monday, Sergeant Dawid Johannes Fortuin told the Western Cape High Court that on 4 March 2024, Steveno van Rhyn said: “We should ask Kelly and Maka Lima about the disappearance of Joshlin.”
Fortuin added that when he asked Appollis about Maka Lima, “his facial expression changed immediately, he appeared worried,” and confirmed knowing her.
Appollis, Van Rhyn, and the missing child’s mother, Racquel ‘Kelly’ Smith, are facing charges of kidnapping and human trafficking after Joshlin vanished from her Middelpos home in Saldanha Bay on February 19, 2024.
The trial is currently sitting at the White City Multipurpose Centre in Diazville.
The current proceedings, the trial within a trial, are to determine whether the confessions of Appollis and Van Rhyn were made freely and voluntarily.
Both men claim they were assaulted by police and forced to confess. Kelly has not made similar allegations and is not part of this phase.
Fortuin, a 20-year police veteran in the anti-kidnapping unit, testified about inconsistencies in the accused’s accounts of 19 February and denied any abuse during questioning. “If anything like that happened, I would have known. It is my duty to report it to my seniors,” he said.
Appollis’ lawyer, Fanie Harmse, began cross-examining Fortuin, pressing him on whether police had ignored other potential suspects - specifically Ayanda Litoni, the boyfriend of state witness Lourentia ‘Renz’ Lombaard.
“Did Captain Lombard not tell you anything about Ayanda (Litoni)?” Harmse asked.
Fortuin replied, “No,” adding that it was unusual, given that police had removed Ayanda from the area and footage of him was circulating on social media.
Earlier, Lieutenant-Colonel Adrian Pretorius, who took Appollis’ confession, testified that Appollis mentioned injuries to his eye, knee, and foot. When asked about visible swelling in Appollis’ hand, Pretorius said after reviewing video footage: “I can see the mark on the wrist, but I’m not a doctor... It looks like it is swollen.”
Warrant Officer Heinrich Schmidlin, who escorted Appollis for a medical exam, confirmed seeing the injuries. He testified that Appollis said he had jumped out of a police van and knocked his knee and eye.
Judge Nathan Erasmus has asked both parties to decide whether the matter should return to Cape Town next week or after the Easter holiday.
Outside court, Joshlin’s paternal grandmother, Louretta Yon, said: “As unhappy as we are, we will allow the judge to make the decision. We will try and make it to court when we can, even though it will be costly for our family to travel.”
The trial was moved to Diazville to allow easier access for the local community, but attendance has declined since the start.
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