Provincial head of serious crimes testifies in critical Joshlin Smith trial within a trial

As the trial within a trial continues in the Joshlin Smith matter, a new witness was called to the stand.

The trial within a trial stems from Jacquen ‘Boeta’ Appollis and Steveno van Rhyn claiming they were assaulted and tortured by police during their questioning. 

This does not affect Kelly Smith. 

The trial within a trial is to find out whether any assault has taken place, and it will be for the conduct of a ruling after the matter has concluded. What is important to note is that this is a separate matter from the main trial. 

Western Cape head of the Serious and Violent Crimes Unit, Brigadier Leon Hanana, was called to the stand on Tuesday.

Hanana testified he got involved with the case on February 19, 2024, the day Joshlin was reported missing, after there were news articles from different media houses reporting on a missing child in Saldanha. 

He said he arrived in Saldanha on February 29, 2024, but before his arrival, he had been in contact with the commander of the Family Violence, Child Protection and Sexual Offences (FCS) Unit to get more insight into the case. 

“I came from Cape Town to assess what is happening and I could see lots of animosity. I called a meeting with Crime Intelligence (CI), FCS personnel, the Saldanha station commander, [Detective] Captain [Wesley] Lombard, and his team to join me,” he explained. 

Lombard, who is the investigating officer on the case, had an experienced team which consisted of two warrant officers, two captains, and a constable. The team specialises in kidnapping cases. 

Hanana told the court that different teams went out in pursuit of Joshlin, as the main thing was to find the missing child. 

On March 4, 2024, an integrated operation was conducted by the South African Police Service (SAPS), K9, City of Cape Town, and the South African Navy, along with members of the public. 

Hanana also told the court that at this time he wanted to have the three accused, Boeta, van Rhyn, and Kelly, reinterviewed. 

While the men were in the Seaboard offices, Kelly was placed in the reception area near to where an office was set up for him. Hanana said he made small talk with Kelly as he had to pass her by, and they spoke; however, when he asked about Joshlin, she didn’t want to answer any questions. 

He also stated officers followed up on information given to them by a man named Owen, who told him he previously worked for a navy soldier who had previously asked him to bring him a ‘white child’; he stated the naval officer was a sangoma. 

“He said next to the man’s house was a mortuary, and he was sure if we bust the house and the mortuary, we would most probably find the child in that mortuary. 

“I told the team to put everything on hold and to test what Owen was saying. I remained at the office, the team went out and came back to report the search was a negative,” Hanana testified. 

He said after he explained to Owen they found nothing, he was excused. 

Hanana said before the interviews started, Lombard, who reported to him, approached him to explain that Boeta had come in with a blue eye. 

“I told him he needs to report any injuries in a pocketbook or diary before we started the interviews,” Hanana testified. 

When asked what he would do if he found that police officers were assaulting suspects, he said: “I am a detective in a specialised environment, we believe in outsmarting rather than assaulting. If something like that happened in front of me, I would take steps, whether it be disciplinary or criminal, against the member who assaulted,” Hanana said. 

The court heard Hanana was not physically present during the interviews but got snippets of it from Captain Lombard. 

“As the interviews were being conducted at around 4pm, Lombard said the two men confessed and we need officers to take the confession,” Hanana testified. 

The trial continues.

Cape Argus