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The defence claims the accused did not willingly make their confessions.
The three accused. Picture: Gallo Images
The legal representation of Jacquen “Boeta” Appollis and the state’s witness, Lieutenant-Colonel Adrian Pretorius, clashed over the accused’s condition during his questioning.
A trial within a trial in the Joshlin Smith case resumed on Monday to determine whether confession statements made by Appollis and his friend Stevano van Rhyn can be used as evidence in court.
The defence claims the accused did not willingly make their confessions.
ALSO READ: Joshlin Smith trial: Defence grills investigating officer
Joshlin’s mother, Racquel “Kelly” Smith, 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.
On Monday, Pretorius took the stand to detail his procedure for questioning Appollis following his arrest on 5 March 2024.
Pretorius said he arrived at the station at around 8am on the day and found the accused not there.
“When I arrived at the police station, I was told that the accused was not here but at the hospital. So I went to get something to eat and came back. When I got back, I was shown the office where I was going to take the confessions. I waited and prepared the office for when the accused arrived. I was inside the office, and accused number one (Appollis) was brought to me. That is when I took the confession,” Pretorius told the Western Cape High Court in Saldanha.
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It was established in court that Appollis was sitting at an arm’s length from Pretorius and could see everything the official was writing in his confession statement.
Pretorius said that before taking the confession, he explained to Appollis that he had the right to stop the session at any moment.
He said the accused did not look nervous throughout the interview and was able to detail all his injuries, which, from the confession statement, were not inflicted by anyone.
“My right foot was twisted when I jumped off the police van. I bumped the left knee when I jumped into the police van, and I injured my left eye against the wall when I wrestled with the police to free myself,” Appollis allegedly told Pretorius.
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The police officer told the court that during the interview, Appollis “was at ease, not nervous. He didn’t look scared to me”.
“I put it to you that when you said he was at ease, I disagree with you strongly if you had a good look at that video. To me, it’s very clear that Mr Appolis was very concerned. You didn’t see that?” said the defence.
“No, my lord, to me, he was at ease,” the police officer responded.
However, the defence could not understand how Pretorius missed Appollis’ swollen right hand when his hands were visible throughout the interview.
ALSO READ: Did Kelly ask Joshlin where Joshlin was the day she disappeared?
“I don’t recall it, I did not notice it then, and he did not complain about it. I could only see his eye that was visibly red, and I asked him to show me the other injuries,” said Pretorius
When the defence showed Pretorius photos of Appollis’ hand and asked him if he could not see the swelling, the police officer responded: “It looks like it”.
The trial within a trial continues.
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