In a tense cross-examination on Friday, State prosecutor Advocate Aradhana Heeramun grilled Jacquen “Boeta” Appollis about why he failed to open a case or report the alleged assault he claims to have endured at the hands of police officers during the early days of the Joshlin Smith investigation.

He took the stand in the Western Cape High Court sitting at the White City Multipurpose Centre, Diazville, Saldanha Bay, and demonstrated how the police allegedly beat him with rubber batons.

He was arrested on March 5, 2024, with his girlfriend and Joshlin’s mom Racquel ‘Kelly’ Smith, and friend Steveno ‘Steffi’ van Rhyn for kidnapping and human trafficking.

Appollis testified to being tortured, alleging beatings with batons, suffocation with a plastic bag, and being suspended in the air with an aluminum pipe during interrogations.

But Heeramun cast doubt on his claims, saying: “It is highly unlikely that something like this happened to you and you would not take the first opportunity to report it, to let the world know.”

Appollis responded with a chilling new account: “They placed me down, handcuffed me, and told me to pull up my legs. They placed an aluminum pipe under me, two men, one black and one coloured, and I was hanging in the air with my legs up.”

Heeramun pressed further: “You said you were so scared of the police, yet when the doctor asked how you got injured, you said it happened during the arrest, still involving the police. Why didn’t you tell the truth?”

Appollis maintained he was afraid of further assault. “They told me if it happens again, it would be worse,” he said.

Judge Nathan Erasmus weighed in, pointing out that Appollis had claimed fear of retaliation, especially with multiple officers present during the medical examination.

Heeramun also questioned why the medical report (J88) showed only minor injuries, arguing: “If what you said happened, the J88 would’ve been lit up. Based on the force and areas you mentioned, we would’ve seen far more documented injuries, especially under your feet.”

The prosecutor then highlighted a suspicious similarity between Appollis’s testimony and that of co-accused Van Rhyn, who also claimed a plastic bag was placed over his head while he was beaten.

“Word for word, it’s the same. Did you and Mr Van Rhyn agree to say this in court?” she asked.

He denied collusion. “That is how it happened with me, and that is what I understand.”

As the trial-within-a-trial continues, the court must decide whether the alleged confessions were made freely and voluntarily, an outcome that could heavily influence the main trial over the disappearance of six-year-old Joshlin, who has been missing since February 19, 2024.

mandilakhe.tshwete@inl.co.za