KEY POINTS
- Kelly Smith was excused again from court due to illness, delaying proceedings in the Joshlin Smith kidnapping trial.
- A trial-within-a-trial is assessing whether alleged police-coerced confessions from Appollis and Van Rhyn should be admitted as evidence.
- Sgt. Fortuin denied accusations of assault during interrogations, while public pressure mounts for answers in the unresolved disappearance case.
The high-profile kidnapping trial of six-year-old Joshlin Smith faced further delays as Raquel “Kelly” Smith was excused from court for the second time due to illness.
The Western Cape High Court granted her leave to seek medical attention while proceedings continued against her boyfriend, Jacquin “Boeta” Appollis, and co-accused Steveno van Rhyn.
Sowetanlive reports that the trio face charges related to Joshlin’s disappearance in February 2024, which has gripped South Africa amid allegations of human trafficking and kidnapping. All three have pleaded not guilty.
Trial for Joshlin induces claims of police coercion
The court is currently hearing a trial within a trial to determine whether alleged confessions by Appollis and Van Rhyn—made under police interrogation—should be admissible as evidence. Both men claim they were assaulted and coerced into admitting involvement in the crime.
Sgt. David Fortuin, an officer from the anti-kidnapping unit, testified that he questioned Van Rhyn and Appollis on March 4, 2024, seeking information on Joshlin’s whereabouts. “I told Steveno if there is any foul play, it is a serious case, and he must think carefully before he says anything,” Fortuin stated. “He eventually said I must ask Kelly.”
Fortuin recounted a tense moment when Appollis allegedly turned on Kelly after encountering a woman named Makalima, who was brought in for questioning. “As Boeta walked past the door, Kelly shouted, ‘Boeta, how could you do this to me?’ and Boeta replied, ‘Kelly, you did it—tell the police the truth.’”
Defense lawyers, however, challenged Fortuin’s testimony. Advocate Fanie Harmse, representing Appollis, accused police of assaulting his client—a claim Fortuin denied. Similarly, attorney Nobahle Mkabayi, acting for Van Rhyn, insisted her client was brutalized during interrogation. “I was in charge of interviews, and there was no assault,” Fortuin maintained.
The disappearance of Joshlin has sparked nationwide outrage, with activists and community members demanding justice. Despite extensive searches, the child remains missing, deepening suspicions of trafficking or foul play.
The trial continues as the court weighs the admissibility of the disputed confessions, while Kelly Smith’s repeated absences raise questions about her health and role in the case.
