Sergeant Dawid Johannes Fortuin told the Western Cape High Court that he did not hear any screams or witness any assault during the interviews with the two male accused in the disappearance of six-year-old Joshlin Smith.
The matter is sitting in the White City Multipurpose Centre, Diazville, Saldanha Bay and is in the trial within a trial phase after accused Jacquen ‘Boeta’ Appollis and Steveno ‘Steffie’ van Rhyn claimed they were assaulted and tortured by the police.
They told the court that their confession was coerced. However, the third accused, Joshlin’s mom Racquel ‘Kelly’ Smith did not make the claim.
The duo were arrested on 5 March 2024, two weeks after the six-year-old girl went missing from her Middelpos home on 19 February 2024.
They all face kidnapping and human trafficking charges which they pleaded guilty to.
On Monday Fortuin recalled an interaction where the name of a woman living in the local squatter camp, known as Maka Lima (Lima’s mom), came up during the investigation.
“She knew about the child, so I was told to ask Kelly about her,” Fortuin testified.
He said he left the office to find Captain Wesley Lombard, but before that, he approached Jacquen ‘Boeta’ Appollis, who was in the boardroom.
“I asked him about Maka Lima, and immediately his facial expression changed, he looked worried. I told him that Steveno [van Rhyn] had mentioned the name, and Boeta confirmed he knew her. He even said he knew where she lived and told me to ask Kelly who she was.”
Captain Lombard soon arrived at the office, and Fortuin shared the developments with him before stepping out so Lombard could speak with the accused directly.
Lombard first entered the room with van Rhyn, informed him of his rights, and asked him to repeat what he had shared with Fortuin.
“Van Rhyn said we should ask Kelly and Maka Lima about the disappearance of Joshlin,” Fortuin told the court.
Lombard then spoke to Appollis, gave him his rights, and asked the same questions. Appollis gave the same answer.
Following this, officers proceeded to Maka Lima’s home and later returned to search the Sea Border offices. Maka Lima, her husband, and their children were brought to the Sea Border offices for questioning.
“I saw Boeta being taken out of the boardroom and into another office,” Fortuin said.
“Maka Lima was then brought into the boardroom. I was standing outside on the lawn, smoking, and I had a clear view of most of the office doors.”
As he approached the boardroom, he noticed Captain Lombard and two African female officers, possibly from Crime Intelligence, were already speaking with Maka Lima.
“I didn’t enter the room because I was tired, I had been working since early morning.”
Later, Fortuin said, Captain Lombard exited the boardroom and went to the FCS (Family Violence, Child Protection and Sexual Offences) building.
Officers were then instructed to take Appollis and van Rhyn to the FCS offices.
“They weren’t handcuffed when we moved them,” he said.
It was at that moment that Fortuin recalled hearing a woman’s voice shout from behind: “Boeta, why are you doing this to me?”
He testified that he recognised the voice as Kelly’s.
The two male accused were placed into separate vehicles in the parking lot. Fortuin insisted he saw no signs of violence or abuse during the interviews.
“If anything like that had happened, I would have known about it. It’s also my duty to report such matters to my seniors immediately.”