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The court has heard three different accounts of how Appolliss got his injuries.
Jacquen Appolis, Steveno van Rhyn, and Kelly Smith during the Joshlin Smith trial. Picture: Gallo Images/Die Burger/Jaco Marais
The Western Cape High Court in Saldanha has now heard different accounts of how accused number one, Jacquen “Boeta” Appollis, got his injuries.
The trial within a trial in the Joshlin Smith case continued on Tuesday 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.
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, Lieutenant-Colonel Adrian Pretorius told the court that although Appollis had injuries, he was “at ease” during his questioning.
ALSO READ: Joshlin Smith trial: Cop and defence disagree on accused’s condition during questioning
He said Appollis 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.
However, the defence could not understand how Pretorius missed Appollis’ swollen right hand when his hands were visible throughout the interview.
“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 asked him to show me the other injuries,” said Pretorius.
ALSO READ: Joshlin Smith trial: Defence grills investigating officer
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”.
On Tuesday, Sergeant David Fortuin took the stand and shared a different account of how Appollis got his injuries.
Fortuin said he arrived at the Sea Border offices in Saldanha Bay harbour, where the accused was interviewed, at around 5pm on 4 March 2024.
Upon arrival, he was informed that accused 1 and 2 were on the premises, but he didn’t see them.
He later saw accused 2 in the boardroom, but Appollis was not in there.
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“I then went to the toilet. When I came back, I saw Captain Wesley Lombard and accused 1 in the boardroom,” said Fortuin.
Appollis, however, said he arrived at Sea Border and was taken to the boardroom. He was there long before 5pm. He also said that when he was taken to the boardroom, accused 2 was there, but Lombard was not.
“I did say accused 1 was in the boardroom before Lombard because I was not there when they entered. When I came back from the toilet, Lombard, accused 1 and 2 were together in the boardroom,” said Fortuin.
The defence told the court that Appollis was smacked in the face by two officers at Sea Border.
This, according to the defence, is how he got his red eye.
ALSO READ: ‘I knew I just met a suspect’ – Gayton McKenzie on meeting Joshlin’s mother
“If that happened, accused 1 would have had ample time to inform me, Lombard, or any other officer,” responded Fortuin.
“If this happened between 1 and 2, you were not there. There was ample time for this procedure to take place and continue until 5pm,” said the defence.
However, Fortuin said Appollis never informed him about the alleged assault.
“You can agree with me that any time he could have reported to you could have been around 5pm when you arrived,” said the defence.
Fortuin responded, “He had time from 5pm to the following morning. When I asked accused 1 how he got his injuries, he told me he fell. I asked him again on the 6th, and he said he fell,” Fortuin continued.
ALSO READ: Did Kelly ask Joshlin where Joshlin was the day she disappeared?
The defence said Appollis did not have injuries before he arrived at the Sea Border.
“Accused one arrived at Sea Border from the hotel at around 12 to 1pm. His mother, sister and sister-in-law said, and if needed, they could give evidence to the court, that when he left the hotel and was taken to Sea Border, he had no injuries,” said the defence.
“I cannot comment on that because I was not there,” said Fortuin.
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