Fortuin said he told Appollis during questioning that Joshlin was “an innocent child and our main goal was to get Joshlin”. He asked if there was anything he wanted to say but no information was forthcoming.
The court heard Van Rhyn mentioned a woman living in a squatter camp named Makalima who knew what happened to Joshlin.
“I asked Boeta if he knew someone named Makalima. I immediately noted the change in his facial expression, he looked worried.”
Fortuin said Makalima and her family were brought to the police station. “As Boeta walked past the door Kelly shouted, ‘Boeta how could you do this to me,’ and Boeta said, ‘Kelly you did it, tell the police the truth’.”
Advocate Fanie Harmse, representing Appollis, cross-examined the witness and put it to him that his client was assaulted, but this was denied by Fortuin.
Harmse said his instructions were Fortuin had not interviewed Appollis, did not see the witness or speak to his client.
Fortuin said that was impossible.
Attorney Nobahle Mkabayi, representing Van Rhyn, put it to the witness her client suffered police brutality during questioning.
“I was in charge of interviews and there was no assault,” said Fortuin.
The trial continues.
TimesLIVE
Unwell Kelly Smith absent again in kidnap trial of missing daughter
Image: Jaco Marais
Raquel “Kelly” Smith was excused on Tuesday from her kidnapping and human trafficking trial due to feeling unwell — the second time she has been excused because of illness.
Kelly, her boyfriend Jacquin “Boeta” Appollis and Steveno van Rhyn — accused of being behind the disappearance of six-year-old Joshlin Smith on February 19 2024 — have pleaded not guilty to the charges.
The high court in Saldanha Bay continued hearing a trial within a trial on Tuesday to determine if evidence about Van Rhyn and Appollis allegedly being assaulted by police during interrogation would be admissible in the main trial. The duo claim to have been coerced into making confessions.
Sgt David Fortuin, who serves in the anti-kidnapping unit, testified that on March 4 last year he asked if they had any information about the disappearance of Joshlin.
“I told Steveno if there is any foul play it is a serious case and he must think carefully before he says anything. I asked Steveno a few times again and he said I must ask Kelly,” said Fortuin.
He asked Van Rhyn “what would happen if Boeta and Kelly would turn against” him.
Fortuin said he told Appollis during questioning that Joshlin was “an innocent child and our main goal was to get Joshlin”. He asked if there was anything he wanted to say but no information was forthcoming.
The court heard Van Rhyn mentioned a woman living in a squatter camp named Makalima who knew what happened to Joshlin.
“I asked Boeta if he knew someone named Makalima. I immediately noted the change in his facial expression, he looked worried.”
Fortuin said Makalima and her family were brought to the police station. “As Boeta walked past the door Kelly shouted, ‘Boeta how could you do this to me,’ and Boeta said, ‘Kelly you did it, tell the police the truth’.”
Advocate Fanie Harmse, representing Appollis, cross-examined the witness and put it to him that his client was assaulted, but this was denied by Fortuin.
Harmse said his instructions were Fortuin had not interviewed Appollis, did not see the witness or speak to his client.
Fortuin said that was impossible.
Attorney Nobahle Mkabayi, representing Van Rhyn, put it to the witness her client suffered police brutality during questioning.
“I was in charge of interviews and there was no assault,” said Fortuin.
The trial continues.
TimesLIVE
‘Kelly told me nothing about money’: video footage of alleged confession by Jacquin ‘Boeta’ Appollis
Evidence on alleged confession delayed in Joshlin Smith trial
Court grants Kelly Smith opportunity for medical attention despite trial
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