Inconsistencies in witness statements revealed in Joshlin Smith case

Warrant Officer Hein Schmidlin transported Jacquen 'Boeta' Appollis to Vredenburg Provincial Hospital on March 5, 2024, before the confession.

Warrant Officer Hein Schmidlin transported Jacquen 'Boeta' Appollis to Vredenburg Provincial Hospital on March 5, 2024, before the confession.

Image by: Mandilakhe Tshwete / Independent Media

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The Western Cape High Court, sitting at the White City Multipurpose Centre in Saldanha Bay, on Monday heard further testimony regarding the alleged confessions of two accused in the disappearance of six-year-old Joshlin Smith.

Warrant Officer Heinrich Schmidlin testified that he was instructed to escort Jacquen “Boeta” Appollis for a medical examination ahead of his confession on March 5, 2024, days after Joshlin went missing from her Middelpos home on February 19.

The girl’s mother, Racquel “Kelly” Smith; her boyfriend, Appollis; and their acquaintances, Steveno “Steffie” van Rhyn and former accused Laurentia “Renz” Lombaard, have been charged with kidnapping and human trafficking.

“I was requested to accompany Jacquen Appollis to hospital at about 8am,” Schmidlin said. “He was at the Sea Border offices. I noticed injuries to his left eye, left knee and right foot. I asked him about the injuries in the presence of other officers. We transported him to Vredenburg Hospital, waited for the doctor and then returned him to the Sea Border offices after the X-ray was completed.”

Appollis’ lawyer, Fanie Harmse, referred to Schmidlin’s affidavit about the escort and noted that, according to the document, Appollis was accompanied into the doctor’s room by three officers.

“That makes sense, that all of you had to go into the doctor’s room. Is my client telling the truth?” Harmse asked.

Schmidlin clarified: “It’s written that the three of us accompanied the accused to the doctor’s room, but one of us had to stay outside because the room was too small for all of us.”

Harmse further revealed that the medical report stated Appollis sustained the injuries during his arrest. Schmidlin testified that his involvement ended after returning Appollis to the Sea Border offices.

The court also heard from Sergeant Dawid Johannes Fortuin, a 20-year veteran of the Organised Crime Unit, currently attached to the Anti-Kidnapping Task Team.

Fortuin described events on 3 March, when more than 300 officers were assembled at the White City Multipurpose Centre for a briefing ahead of a search operation in Middelpos. Later that day, he proceeded to the Sea Border offices.

“I was informed that Steveno van Rhyn was already at the office. I was also told that Accused 1 [Appollis] and 3 [Smith] were on the premises, though I did not see them at the time. I proceeded to the boardroom, where van Rhyn was. I briefly stepped out to use the bathroom and, upon my return, Captain Wesley Lombaard was present with Accused 1 and 3,” he said.

Lombaard instructed that interviews be conducted with Accused 1 and 2 [Appollis and van Rhyn] and appointed Fortuin to lead them.

Before the interviews began, a man named Owen approached officers, claiming to have information about Joshlin’s disappearance. Van Rhyn was moved to another room, separating him from Appollis, who remained in the boardroom.

Fortuin noted inconsistencies in the accused’s statements. Appollis stated he saw Joshlin walking away from the house at 2pm on February 19, but did not mention van Rhyn being present. Van Rhyn, however, claimed he was at the house but did not see any children.

Captain Lombaard later relayed that Smith said she returned home at 1:50pm and found Appollis absent. She reportedly asked her two other children where Joshlin was. Fortuin also referenced a statement from Smith’s son, who said he left for his godfather’s house around 2pm and returned at 6pm, when his mother asked him about Joshlin’s whereabouts.

“What was strange to me,” Fortuin said, “was that community members stated this was the first time they noticed Appollis and van Rhyn not assisting in the search for Joshlin after her disappearance.”

Fortuin said he questioned van Rhyn again on the night of March 4.

“I asked him several times if he knew anything about Joshlin’s disappearance. He insisted he didn’t. I also asked him about injuries I noticed on his elbow, arm and leg. He said he fell off a bakkie on 2 or 3 March.”

Fortuin said he later questioned Appollis, who also denied involvement.

“I told them both, this is a very serious case. If there was any foul play involved, they needed to think carefully about what they were saying,” Fortuin testified.

Both accused allegedly told Fortuin to speak to Smith about what happened to Joshlin.

Fortuin’s testimony is set to continue.

Cape Argus

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