Drug use, police assault claims surface during missing Joshlin case

ROBIN-LEE FRANCKErobin.francke@inl.co.zaThe version of events from Kelly Smith and her boyfriend Jacquen “Boeta” Appollis on what took place on the day Kelly's 6-year-old daughter Joshlin went missing are markedly different according to statements submitted as evidence to the court. Smith, Appollis and Steveno van Rhyn have pleaded not guilty to charges of kidnapping and trafficking in persons in connection with Joshlin's disappearance from Middelpos, Saldanha Bay, last February. The plea explanation of the three accused of being behind the disappearance of Joshlin Smith was heard yesterday in the Western Cape High Court sitting in Saldanha Bay. In a statement given to police on the day they reported to the scene, Kelly said that at about 1.50 pm, she returned home from work. She said Apollis was not there, and only two of the children were there. She asked them where Joshlin was, and they said they didn’t know. She said she went to look for her, and the father was also looking for the child. Appollis’s lawyer, Fanie Harmse, said his client admits the children were in his care and said the reason for them not attending school on the day was that their school uniforms were dirty. He said Kelly came home around midday and the children were being washed in a bucket. She had R50 and they went to buy Tik. They came back home and smoked the tik. He said Kelly left to go back to work around 1 pm. The children then got dressed and he made them sandwiches. Appollis said the boy wanted to go to his godfather, while Joshlin asked to go play with her friend. He said he watched her enter the yard. It was during this time that Laurentia Lombaard, known as Renz, a previous accused in the matter, appeared and asked him to make a pipe as she had half a button (mandrax). He claimed that as they smoked, Van Rhyn came to his home, this time with a bag and a microwave. He smoked with them. In his explanation, Appollis stated Van Rhyn was looking for a buyer for the microwave, which he wanted to sell for R100. He said Kelly got home at around 5 pm, asked where the children were, and he told her. Appollis said Kelly had R200. She said they needed gas and they left to get gas. Van Rhyn was still at his place and on their return, he and Kelly went to buy R50 of tik and the trio smoked it. Appollis said he did not see Kelly again until she arrived with the police, saying she could not find Joshlin. He said Kelly was terrified once everyone left and they went to sleep.“Kelly got up early and went to look for Joshlin. When I got up, I also went around in the squatter camp searching for her.”Appollis also claimed that when he was questioned, he was handcuffed, told to lie on his stomach and assaulted by police. He said he was not notified of his rights or told he was under arrest. “The police officers told me: 'Vandag gaan jy dood (today you'll die)'. I was handcuffed, hanging mid-air with a plastic bag over my head. I couldn't breathe. They told me if I wanted to talk to nod my head. It was painful. I thought I was going to die," he said.“I realised they would not stop the torture until they heard what they wanted to hear. So I told them what they wanted to hear,” Appollis said. The trial continues.