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Joshlin accused's statement sparks legal debate: Judge weighs public interest against sealing evidence

Joshlin accused's statement sparks legal debate: Judge weighs public interest against sealing evidence
Jacquen Appolis during the Joshlin Smith trial on Day 12 at the White City Multipurpose Centre on March 18, 2025 in Saldanha, South Africa. The suspects are facing charges of kidnapping and trafficking in the case of the Grade 1 Diazville Primary School learner who was last seen on February 19th wearing a light blue T-shirt and light blue denim shorts. (Photo: Gallo Images/Die Burger/Jaco Marais)
Vincent Cruywagen
By Vincent Cruywagen
4 Apr 2025
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Jacquen Appollis, one of the three accused in Joshlin Smith’s disappearance, claimed in a statement that he and his co-accused, Steveno van Rhyn, left Joshlin with a person only known as ‘Makalima’ on the day she went missing on 19 February 2024. Judge Nathan Erasmus ordered that any publishing of the statement be prefaced with the knowledge that the accused would aver that this portion did not come from him.

On Friday, 4 April 2025, the defence requested that a video of a statement interview between the accused Racquen Appollis and Colonel Adrian Pretoruis be sealed before it could be shown in court.

Advocate Fanie Harmse, counsel for Appollis, objected, saying that the contents of his client’s statement came from another source, and that the most important part was when he stated that Kelly told him to take the child to someone, and that there was a negotiation between him and Kelly.

According to Harmse his client was instructed to include this in his statement, and it did not emanate from his own knowledge.

Judge Erasmus then noted that he was asked to order that this section of the Appollis statement be sealed at this stage.

Joshlin Smith Joshlin Smith. (Photo: Supplied)



Jacquen Appollis during the Joshlin Smith trial on Day 12. (Photo: Gallo Images / Die Burger / Jaco Marais)



“Whatever publication is made of the statement it must be prefaced that the accused will aver that that portion will not come from him. It must be remembered that he must still testify in the trial-within-in a trial, and if he wants I will still have to make a decision. For now it has not been found after it has been presented that it comes from his own knowledge,” the judge said.

Human trafficking


Appollis, Van Rhyn and Smith face charges of human trafficking for exploitation and kidnapping following Joshlin’s 19 February 2024 disappearance from the Middelpos informal settlement in Saldanha Bay.

The name of Makalima, with whom the statement alleges Joshlin was left on the day of her disappearance, concurs with what is contained in the statement of Steveno van Rhyn.

The latest version starkly contrasts with comments by State witness Laurentia Lombaard, who alleged that Kelly sold Joshlin to a sangoma for R20,000.

Read more: Shocking testimony unveils Kelly Smith’s alleged plot to sell six-year-old daughter Joshlin to a sangoma

The three have pleaded not guilty.

Appollis version of abduction

Before a statement was obtained from Appollis on his suspected involvement with Joshlin, his rights were read to him, and when asked if he was threatened to make the statement, he said no, and if he was assaulted by the police, he gave the same response.

Regarding the injuries to Appollis’s left eye and knee, he was heard telling the police officer that he damaged his left eye by banging it against the police vehicle when wrestling with police during his arrest, and twisted his left foot while jumping from the police van.

The court allowed the footage of the police officer who took down the statement to be shown. 

Appollis in his statement claimed: “It was around 10am on Sunday, 19 February 2024, when my girlfriend, Kelly, told me that she is tired of her daughter Joshlin, Natasha and Joshlin’s father Jose. Kelly was tired of them always wanting Joshlin and that she must sign off Joshlin to Natasha.”

Jose Emke is the biological father of Joshlin. During proceedings the court heard that Natasha Andrews wanted to adopt the little girl but Kelly would not allow it.

According to his statement on Monday, 19 February 2025, Kelly arrived home from work about noon during their lunch time.

“Kelly allegedly told me that she had talked to Makalima and I must take Joshlin to Makalima. Steveno and I were at home. Renz (Laurentia Lombaard) came over and asked for a cigarette and left.

“Steveno and I walked and asked Joshlin to walk with us. Joshlin said nothing and accompanied us,” his statement read.

Judge Erasmus ordered that any publishing of the statement be prefaced with the knowledge that the accused would aver that this portion did not come from him.

When the two arrived with Joshlin at the home of Makalima they knocked on her door. Apollis said: “I told her that Joshlin is here. When I queried her about the money, Makalima claimed that she had already spoken with Kelly. Steveno and I walked home, leaving Joshlin behind,” his statement reads.

Drugs


His version of events afterwards corresponds with the version of Laurentia Lombaard that Appollis and Steveno went to collect the money for a microwave that they had sold to a scrap dealer earlier in the day, as well as that when Kelly came home after work with R200, which she allegedly borrowed from Carlyn Zeegers, where she worked as domestic worker, she went to refill the gas and later bought drugs with the change.

Responding to a question by Colonel Pretorius about what he knew about the R20,000, Appollis stated that “it was for the sale of Joshlin”. Appollis claimed Kelly informed him nothing about any cut he would receive for his alleged involvement.

When asked if he knew where Joshlin was, he said “No.”

Makalima was also mentioned during evidence led by the investigating officer in the Joshlin matter, Captain Wesley Lombard.

According to his testimony, Makalima was identified, taken in for questioning, her house was searched and she was later released after nothing was found to link her to Joshlin’s disappearance.

Meanwhile, cross-examination on the poor quality of Van Rhyn’s videotaped statement with Captain Philip Seekoei will resume on Monday.

The footage was played on Thursday, 3 April 2025, and condemned by Judge Erasmus. Van Rhyn’s counsel, Nobahle Mkabayi, will meet with him over the weekend at Malmesbury Correctional Service Centre to discuss the statement.

The case continues on Monday, 7 April 2025. DM

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