Kelly Smith in court on Day 3 of the Joshlin Smith trial.
Image: Ayanda Ndamane
THE plea explanation of the three accused of being behind the disappearance of Joshlin Smith has finally been heard on Wednesday.
Jacquen 'Boeta' Appollis, Steveno van Rhyn and Kelly Smith pleaded not guilty to the charges of kidnapping and trafficking in persons on Monday.
A plea explanation is given to the court as to why the accused in the matter pleaded the way they did.
The plea explanation was expected to be handed in as exhibits to the court on Tuesday, but this did not happen.
Appollis' lawyer, Fanie Harmse said his client admits the children were in his care and said the reason for them not attending school on the day was due to their school uniforms being dirty.
He stated during his relationship with Kelly, he became attached to her children.
He stated the children were being washed in a bucket when Kelly came home after midday. She had R50 and they went to the merchant where they purchased tik.
They came back home and smoked the tik.
At about 1 pm, Kelly left to go back to work, the children were still in the bucket.
They got out and got dressed. He said he even made them sandwiches. Appollis stated the boy wanted to head to his godfather, while Joshlin asked to go play with her friend.
He said he watched her enter the yard. It was during this time that Laurentia Lombaard, known as Renz, a previous accused in the matter, appeared and asked him to make a pipe as she had half a button (mandrax).
He further claimed that as they smoked, Van Rhyn came to his residence, this time with a bag and a microwave.
He smoked with them. In his explanation, Appollis stated Van Rhyn was looking for a buyer for the microwave, which he wanted to sell for R100.
He said Kelly got home at around 5pm, asked where the children were, and he told her where they were.
Appollis stated Kelly had R200, she said gas was needed and they left for gas.
Van Rhyn was still at his place and on their return he and Kelly went to buy R50 tik and the trio smoked it.
Appollis said he never saw Kelly again until she arrived with the police, saying she could not find Joshlin.
He said Kelly was terrified once everyone left and they went to sleep.
"Kelly got up early and went to look for Joshlin. I still laid for a bit. But when I got up, I also went around in the squatter camp searching for her."
Appollis further claimed when he was questioned, he was handcuffed, told to lie on his stomach and was assaulted by police.
He claimed he was not notified of his rights or told he was under arrest. According to Appollis, he was tortured by police.
"The police officers told me: 'Vandag gaan jy dood (today you'll die)'. I was handcuffed, hanging mid-air with a plastic bag over my head.
"I couldn't breathe. They told me if I want to talk to nod my head. It was painful. I thought I was going to die," he said.
"I realised they would not stop the torture until they hear what they want to hear. So I told them what they wanted to hear," Appollis said.
He further claimed that he was threatened by police not to disclose where he got his injuries during his medical examination at the Vredenburg Hospital.
IOL
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