Jacquen ‘Boeta’ Appollis’ lawyer, Fanie Harmse, detailed allegations of torture and coercion during the investigation into the disappearance of Joshlin Smith.
Harmse said on March 4, 2024, his client was taken from Hoedjiesbaai Hotel and to the Sea Border police offices.
Appollis was arrested with Joshlin’s mom Racquel ‘Kelly’ Smith, friends Steveno ‘Steffie’ van Rhyn, and Lourentia Lombaard who turned State witness. They were charged with kidnapping and human trafficking and have pleaded not guilty.
On Friday morning, Harmse asserted that his client had no injuries before arriving at the Sea Border offices and that his blue eye was the result of an assault by officers stationed there.
He also alleged that his client was coerced into confessing, being told he must explain what happened on February 19, the day Joshlin went missing from her Middelpos home.
Harmse countered, claiming his client initially provided the same information as before, but officers accused him of lying, stating: “My client said: ‘They said I’m talking kak, I’m lying and today I’m going to die.”
Detective Captain Wesley Lombard responded, saying he was present at the beginningthat he was present at the beginning of the interview but was in and out of the boardroom.
Lombard denied hearing these remarks.
Harmse pointed out that Lombard had admitted to being in and out of the room, and suggested that during his absences, the accused was mistreated.
“After they uttered these words to him, they cuffed him, left and right. He was told to sit on the floor and pull up his knees to his chest, as his arms were cuffed, his cuffed hands placed over his knees.
“They used an aluminium rod that was pushed under one arm, the leg, and over the other arm.”
He alleged that officers then lifted him using the pole.
Lombard stated he had no knowledge of such treatment.
Harmse continued, claiming that a plastic bag was placed over the accused’s head, suffocating him and that a ‘Xhosa’ man with a beard slapped him.
Lombard said he did not know about the incident.
When questioned further, Lombard maintained that the interrogation lasted over a long period, whereas Harmse argued that the alleged acts of violence would have taken only seconds to carry out.
Lombard reiterated that he saw no evidence of mistreatment, stating that if such actions had taken place, he would have noticed signs such as sweat, marks, or distress.
“The information appears to have happened over a long period of time. These are offices with three long tables and chairs... and if that was taking place, I would not have seen it. I didn’t inform them I would come and go. I didn’t see the rods or poles and also no plastic.”
Harmse insisted that whether Lombard saw it or not, the torture occurred. He alleged that officers used batons to strike the accused on his head, hands, and feet, causing extreme pain and difficulty breathing.
Harmse said the accused struggled to breathe.
The trial continues.