The Western Cape High Court heard that it was Steveno van Rhyn who first mentioned the woman allegedly involved in the sale of missing six-year-old Joshlin Smith.
This was shared in the evidence in chief of detective Sergeant Dawid Johannes Fortuin, who led the interviews on March 4, 2024.
The officer said he sat down with Jacquen ‘Boeta’ Appollis and Van Rhyn on that evening when van Rhyn revealed that a woman named Maka Lima (Lima’s mom) knew what happened to Joshlin.
He said that he confirmed with Appollis, and he told him the same thing.
Central to the trial is a "trial within a trial", currently sitting at the White City Multipurpose Centre in Diazville, Saldanha Bay, focused on the admissibility of confessions made by the accused, Appollis and Van Rhyn.
The two men allege their confessions were obtained under duress, including physical assault at the hands of the police.
Racquel 'Kelly' Smith, Joshlin's mother and the third accused, has not made similar claims and is therefore not part of this phase of the trial.
Sergeant Dawid Johannes Fortuin, a member of the anti-kidnapping unit with 20 years of police service, testified on Monday.
He described how he was involved in the search for Joshlin and in interviewing the accused. He noted inconsistencies in the timelines and statements provided by the accused, particularly regarding their whereabouts on February 19, 2024, the day Joshlin disappeared.
Fortuin said both Appollis and Van Rhyn denied knowledge of Joshlin's disappearance during initial interviews.
Later, Fortuin testified about a woman known as Maka Lima, who was mentioned by the accused as someone who might know more about Joshlin’s disappearance.
“Van Rhyn said we should ask Kelly and Maka Lima about the disappearance of Joshlin,” Fortuin told the court.
When Fortuin confronted Appollis with her name, he appeared visibly worried.
Both allegedly told police to ask Smith and Maka Lima about the missing girl. Police then brought Maka Lima and her family to the Sea Border offices for questioning.
Both men were then detained.
After his evidence in chief, Appollis’ lawyer Fanie Harmse started cross-examining the witness.
Harmse asked him about how he found out about the case and if he had any prior knowledge of his client, other possible suspects, and statements.
“Did Captain Lombard not tell you anything about Ayanda (Litoni)?”
Fortuin said no.
He said he found it strange that he had not received any information about Ayanda, considering that it was the police who took him out of the area and that his videos were on social media.
The court adjourned while Harmse was still questioning the evidence presented in court.
Earlier Monday, Lieutenant-Colonel Adrian Pretorius, who took down Appollis' confession, also testified.
He said he was asked to take the statement and was not involved in the prior investigation. During the interview, Appollis mentioned injuries to his right foot, left knee, and left eye, allegedly sustained during altercations with police officers.
When Harmse questioned Pretorius about visible swelling in his client's right hand, Pretorius initially said he could not recall it. Upon being shown video footage, he acknowledged seeing what appeared to be a mark and possible swelling but maintained he is not a medical expert.
Warrant Officer Heinrich Schmidlin, who escorted Appollis for a pre-confession medical examination on March 5, confirmed seeing injuries to the left eye, left knee, and right foot. He said the accused told him how the injuries occurred, including jumping out of a police van and hitting his knee.
Schmidlin added that while three officers escorted Appollis to the doctor’s room, only two could enter due to space constraints. When they were done, he dropped Appollis off at the Sea Border offices.
During the proceedings, Judge Nathan Erasmus asked the defence and the State to decide on which date the trial will move back to Cape Town.
He said it would either be next week or after the Easter Holiday.
Cape Times