WATCH | Kelly Smith absent again as court hears claims of forced confessions

Cape Town – Raquel “Kelly” Smith was excused from her kidnapping and human trafficking trial on Tuesday for the second time due to illness.

Smith, along with her boyfriend Jacquin “Boeta” Appollis and Steveno van Rhyn, has pleaded not guilty to charges connected to the disappearance of six-year-old Joshlin Smith on February 19, 2024.

The Saldanha Bay High Court is holding a trial within a trial to decide whether alleged coerced confessions from Van Rhyn and Appollis —who claim they were assaulted by police — can be admitted as evidence.

According to TimesLIVE, Sergeant David Fortuin of the anti-kidnapping unit testified that Van Rhyn initially redirected questions about Joshlin’s disappearance to Kelly. He also noted that Appollis appeared nervous when a woman named Makalima was mentioned.

“I asked Boeta if he knew someone named Makalima. I immediately noted the change in his facial expression; he looked worried,” Fortuin said.

During police questioning, Fortuin stated that Kelly and Appollis seemed to accuse each other of being involved in the case.

Defense attorneys have alleged that their clients were victims of police brutality, but Fortuin denied any wrongdoing. The trial continues.

According to an IOL report, the trial resumed with cross-examinations on Tuesday. Advocate Fanie Harmse, representing Appollis, questioned Detective Dawid Johannes Fortuin about inconsistencies in the case, particularly regarding a claim that Appollis had jumped out of a police van.

Harmse argued that it did not make sense for his client to have jumped out of the van, as had been previously suggested.

Fortuin, who has been involved in the case since March 3, 2024, testified about his interactions with Appollis after Joshlin went missing under his care in Middelpos, Saldanha Bay. Harmse claimed that Appollis had no visible injuries before arriving at the Sea Border police station, citing testimony planned from his family members who were with him at the Hoedjiesbaai Hotel before his arrest.

Fortuin, however, could not comment on these claims as he was not present. He did testify that during a later interview on March 6, 2024, when Appollis provided a warning statement, he noticed injuries, including a red eye, scuff marks, and injuries to his left arm, forearms, knee, and foot. Appollis claimed he had sustained these injuries before his arrest after allegedly falling from a police van.

Harmse questioned how Appollis could have sustained such injuries by falling or jumping from the vehicle, suggesting it was unlikely. Fortuin responded that he accepted Appollis’s explanation as he had encountered similar injuries in his experience.

Presiding officer Judge Nathan Erasmus noted that none of the witnesses had testified about Appollis being transported in a police van.

The trial continues.