Jacquen Appolis in the dock at the Joshlin Smith trial in the Western Cape High Court, sitting in Saldanha. (Photo: Gallo Images / Die Burger / Jaco Marais) 
Jacquen Appollis, one of the three accused in the disappearance of Joshlin Smith, has revealed under cross-examination that details in his warning statement, including the claim that he took the then-six-year-old girl to a sangoma’s house, were fabricated.
Appollis and co-accused Steveno van Rhyn have claimed that on 19 February 2024, the day of Joshlin Smith’s disappearance, they took her to visit a supposed sangoma known as “Makalima” at the request of Joshlin’s mother, Racquel “Kelly” Smith.
Testifying in the Western Cape High Court on Tuesday, 15 April 2025, Appollis said he was told by police officers to say this.
Judge Nathan Erasmus told Appollis that he had previously stated he was testifying truthfully, meaning he had effectively lied to the court.
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. They are accused of selling Joshlin to a sangoma for R20,000.
The three have pleaded not guilty.
Appollis took the stand on Friday, 11 April, during the trial-within-a-trial to provide his account of how he gave his statement to police in the weeks after the then six-year-old went missing. He and Van Rhyn allege that police used violence and coercion and that their statements should not be admitted as evidence.
Colonel Edward Clark, attached to the Western Cape Serious and Violent Crimes Unit, and Dr Hendrik Nel, who examined Appollis after his arrest, have both testified that Appollis and Van Rhyn had no apparent injuries indicating any form of torture.
Read more: Jacquen Appollis takes the stand in Joshlin Smith trial, alleging police torture
‘Fabricated’ story
Appollis has retracted parts of his evidence related to how he allegedly sustained injuries after his arrest.
He previously claimed he injured himself while jumping out of a police van, but on Tuesday, he said police officers advised him not to inform doctors that he sustained his ankle injury due to being assaulted by police.
“I told my attorney that I just fabricated it. I didn’t jump into and out of a police van. I made it up,” Appollis told the court.
State prosecutor Aradhana Heeramun presented Appollis with his warning statement from 6 March 2024. Appollis claimed this was “the first time” he had seen the document.
Heeramun informed him that it was given to his legal representative, advocate Fanie Harmse, who would have talked to him about it. In fact, it was a document provided by the defence.
While taking his warning statement, Sergeant Dawid Fortuin asked Appollis if he wanted to make a statement, to which Appollis replied that he had already made a confession. He also said he had already told police everything he knew about Joshlin’s disappearance.
Fortuin had asked about Makalima, the woman Appollis said he left Joshlin with, and how he knew them.
“She is my friend Ayanda [Letoni’s] sister. She is involved in muti, with the sangoma with the pink shack in Middelpos,” he said in the statement.
When asked in court on Tuesday if that was what he said, Appollis replied, “I can’t remember.”
Judge Eramus asked Appollis if the Makalima story was also a fabrication, as was the lie he admitted to about the injuries he had sustained. Appollis admitted to making up the story.
Read more: How police ploy to coax info from Joshlin Smith kidnap accused cracked the case
Appollis claimed that he was told in March 2024 by Lieutenant Colonel Adrian Pretorius, one of the officers investigating the case, to say that he and Van Rhyn took Joshlin to Makalima, at Kelly’s request, for a payment of R20,000.
In his warning statement, Appollis claimed he had a conversation with Smith on Sunday, 18 February 2024, about why Joshlin should be sent to Makalima.
When Judge Eramus put it to Appollis that he added that detail so the story would make sense, he replied “yes” and admitted that it was a fabrication. He also admitted to lying in testimony on Friday about Kelly’s supposed reasons for selling Joshlin.
“I lied to the court on Friday and I’m falling into my own debt,” said Appollis.
Heeramun put it to Appollis that in his warning statement, Appollis had offered information and had not been instructed by police.
In the warning statement, Appollis had said that he, Joshlin and Van Rhyn arrived at Makalima’s house, where he informed Makalima that they had been sent by Smith, and that Makalima had invited them inside.
“As I said, I had to make it sound like a story,” said Appollis.
Van Rhyn took the stand after lunch, and his testimony will resume on Wednesday, with the State later cross-examining him.
So far, he has exclusively focused on injuries allegedly sustained at the hands of police officers. DM