Joshlin Smith trial: ‘He put a black bag over my head’ – Appollis recounts assault in court

Jacquen “Boeta” Appollis, the boyfriend of Joshlin Smith’s mother, Kelly Smith, told the Western Cape High Court in Saldanha on Friday that police assaulted him following his arrest.

The trial within a trial in the case continued to determine whether confession statements made by Appollis and his friend, Stevano van Rhyn, could be used as evidence in court.

The defence claims the accused did not willingly make their confessions.

Joshlin’s mother, her boyfriend Appollis and his friend Van Rhyn have been arrested and charged with kidnapping and human trafficking.

They have pleaded not guilty to the charges.

From hotel to Sea Border

The court previously heard that while Appollis was injured during his questioning, he told those who interviewed him different versions of how he got his injuries.

The court previously heard that Appollis was injured while resisting police officers during his arrest. Another version said he fell.

READ MORE: Joshlin Smith trial: Different accounts of how Appollis got his injuries

On Friday, Appollis told the court that police officers assaulted him and later took him to the hospital.

Appollis said he was taken from the hotel where Minister Gayton McKenzie had booked him in with Kelly to the Sea Border offices in Saldanha Bay harbour, where they were questioned.

Four men then took him to the boardroom, where he was asked what happened the day Joshlin disappeared.

Appollis: ‘They told me I would die’

When he told them he did not know where Joshlin was, Appollis said police officers assaulted him.

“After explaining to him what had happened on 19 February, I was told I was talking s**t and that it was the day I was going die. Two men took me from the chair and pressed me down to the ground.

ALSO READ: Joshlin Smith trial: Cop and defence disagree on accused’s condition during questioning

“I was handcuffed and told to pull up my legs. They then shifted the aluminium pipe behind my legs. Two men lifted me up — a Xhosa man and a Coloured man. The Coloured man had a beard. That’s when they asked me again where Joshlin was. I told them I did not know where Joshlin was. They beat me up with the aluminium pipe. When they picked me up, my legs were up in the air, and my head was hanging down,” explained Appollis.

“The Xhosa man was standing in front of me as my head was hanging. He had a black bag in his hands. He asked me, “Do you know Jesus?” I told him, ‘Yes’, and then he put a black bag over my head. As the black bag was over my head, he told me I must nod or shake my head if I wanted to speak.

Appollis: ‘I could breathe’

“I couldn’t breathe, so I shook my head and the bag was taken off and I told them I don’t know where Joshlin is. As I told them I don’t know where Joshlin is, I was hit with battens on my knees, feet and hands. I was also smacked on my face. The Coloured man with a beard hit hard on my face, but I don’t know with what. I became dizzy.

ALSO READ: Joshlin Smith trial: Defence grills investigating officer

“They placed the bag again over my head. They asked me, “Where is Joshlin? What have you done with Joshlin?” I told them once again that I didn’t know where Joshlin was. I can’t say when these things happened, but they continued until dark.

“Not long after the bag was removed from my head, I saw Stefano entering. They loosened me and hanged him in the same position I was in. The handcuffs were taken off, they took me around the table and tied me with cable ties and rolled me in a big blue flag and started hitting me with battens on my whole body.”

Hospital visit

Appollis said the same police officers who assaulted him later took him to the hospital and threatened him against telling the doctor the truth about his injuries.

ALSO READ: ‘Who did they call?’ – Gayton McKenzie on claims of interference in Joshlin Smith investigation

“Before they took me in, they told me I must not say how I got the injuries. I told the doctor that I got the injuries while being arrested. It was not the truth. If I told the doctor the truth, I was scared; I didn’t want to get hurt again,” said Appollis.

“I was told if I told anyone anything, it would happen again. I was taken back to Sea Border. They told me someone would come to take a statement from me and told me I must say the exact words to that person.”