‘Police told me what to say,’ claims accused in Joshlin Smith abduction trial

From left, accused Jacquen (Boeta) Appollis, Steveno van Rhyn and Racquel ‘Kelly’ Smith on day 25 of the Joshlin Smith abduction trial. (Photo: Gallo Images / Brenton Geach)

By Vincent Cruywagen

8 Apr 2025

Steveno van Rhyn, one of the three accused in the Saldahna Bay kidnapping of Joshlin Smith, claims that what was contained in his statement was not his account, and that police had told him what to say.

Nobahle Mkabayi, Steveno van Rhyn’s lawyer, confronted Sergeant Dawid Johannes Fortuin with this version of events during cross-examination in the trial-within-a-trial hearing at the Western Cape High Court in Saldanha Bay on Tuesday, 8 March 2025.

Sergeant Dawid Fortuin testifies at the Joshlin Smith abduction trial in the Western Cape High Court, sitting in Saldanha, on Tuesday, 8 May 2025. (Photo: Gallo Images / Brenton Geach)

Sergeant Fortuin confirmed that he had moved between the rooms where Van Rhyn and his co-accused Jacquen Appollis were separately interviewed. He said it was highly unlikely that Van Rhyn’s account had been altered, but that Van Rhyn should have informed him if it had occurred as he alleged. Smith was interviewed in a separate building housing the Family Violence, Child Protection and Sexual Offences (FSC) unit

Fortuin, attached to the anti-kidnapping unit, was leading a team that interviewed Van Rhyn, Jacquen Appollis and co-accused Racquel “Kelly” Smith separately between Monday, 4 March 2024 into the early hours of Tuesday, 5 March 2024.

Fortuin took the stand on Monday, 7 April 2025 and told the court how he, the lead investigator Captain Wesley Lombard and the head of the Serious and Violent Crimes Unit in the Western Cape, Brigadier Leon Hanana, used a plan to turn the tide of the investigation into Joshlin’s disappearance on 19 February 2024.

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

appollis van rhyn smith From left, accused Jacquen (Boeta) Appollis, Steveno van Rhyn and Racquel ‘Kelly’ Smith on day 25 of the Joshlin Smith abduction trial. (Photo: Gallo Images / Brenton Geach)

The State’s case was further strengthened when State witness Laurentia Lombaard testified that Smith allegedly 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.

Van Rhyn’s claims

According to Fortuin, the purpose of the interviews on 4 and 5 March 2024 was to clarify disparities in the three accused’s initial statements, which were taken down by Sergeant Meyer Milstein from the Family Violence, Child Protection and Sexual Offences (FSC) unit on 29 February 2024.

Mkabayi asked Fortuin why he had questioned her client about Joshlin and whether he had asked Van Rhyn to clarify the discrepancies identified by Captain Lombaard.

Fortuin’s response was: “I just told Van Rhyn that their statements did not correspond and my main focus was to hear what happened to Joshlin, her whereabouts and to locate a six-year-old child who went missing, and that is why I repeatedly asked him about her disappearance.”

Mkabayi asked, “Did you believe my client when he said that he had nothing to do with Joshlin’s disappearance?” to which Fortuin responded, “Van Rhyn initially told me in the beginning he was not aware of the disappearance; later, he mentioned Kelly and then Makalima.”

Makalima is the person to whom Smith is alleged to have agreed to sell Joshlin to for R20,000.

Mkabayi said that “the information about Kelly and Makalima… my client is not the author of that information, that is the police story that was prescribed to my client”.

Fortuin admitted to moving between the interrogation rooms, thus he was not always present when Van Rhyn was interviewed.

He told the court that if the investigating team had known more about Makalima before the interviews, they would have first gone to her house.

“We went to Malikama’s house after we received the information from Van Rhyn,” Fortuin said.

Mkabayi put it to Fortuin that “we are 13 months after 19 February 2024 – what evidence do you have to prove aspects of kidnapping and trafficking against my client?”

Fortuin replied: “Your honour, I’m not the investigating officer in the matter in this case, I’m only testifying what transpired between 4 and 5 March 2024 when the three were questioned and later charged.”

Makalima’s charges withdrawn

Fortuin was also questioned by Fanie Harmse, counsel for Appollis, who put it to Fortuin that when Appollis was asked about Makalima, he agreed to show the police where Makalima’s house was.

Fortuin said Appollis had indicated that he was ready to show the police where Makalima lived, but since it was easy to locate the site, the investigating team did not take him along.

Makalima, her husband and two children were then escorted to the Sea Border police station where interviews were conducted with the three accused. The rooms have glass panels, so everyone was visible.

According to Harmse, his client Appollis told him that female police officers had assaulted Makalima. Appolis claimed he was instructed to tell Makalima that he “did take the child to Makalima”.

“Your Honour, I did not witness any assault, as the accused claimed,” Fortuin told the court.

Makalima was initially accused of having bought Joshlin for R20,000. She was released on 5 March 2024 when charges were dropped after police found no evidence linking her to the abduction.

The matter continues. DM

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Van Rhyn’s claims

Makalima’s charges withdrawn