Police inefficiencies were highlighted during the trial within trial on Wednesday as Sergeant Felicia Johnson took the stand in the matter in Saldanha.
Johnson, who has been serving in the South African Police Service (SAPS) for 18 years and is a member of the Anti-Kidnapping Task Team, was the second witness called for the day.
This stems from Jacquen ‘Boeta’ Appollis and Steveno van Rhyn claiming they were assaulted and tortured by police during their questioning on March 4 and 5, 2024.
She told the court her role was to get the truth from Kelly on Joshlin’s whereabouts, adding that that was their main goal in Saldanha.
When asked if she heard any screams coming from the Sea border offices, as previous testimony claimed that van Rhyn and Boeta were allegedly screaming as they were being assaulted and tortured by police, Johnson responded: “No, Kelly was the only one screaming the way she was acting,” she explained.
The court heard Johnson had been made administrator after the missing person inquiry was turned into a docket.
“They (accused) turned from witnesses to accused. I filled in the necessary documents, went to fetch a SAP14A (notice of rights) from the police station, filled it out for the accused, and explained it to them. I did Kelly’s in the FCS building. The men were already in separate vehicles. I went to them, explained to them, had them sign it, and gave them a copy,” Johnson told the court.
She further stated Boeta and van Rhyn wanted to give a statement. She then took them to the police station and booked them into the Saldanha holding cells as per the 14A, read them their rights, and explained the charges.
“I told them they will be detained. I am the one who conducted the arrest. I was not involved with them thereafter,” Johnson told the court.
She also confirmed noticing that Boeta had a blue eye, but she did not ask any questions, and he also did not raise any concerns with her.
The court heard that the accused were later moved to different police stations to be held. The duo were also transported to the Vredenburg Provincial Hospital before their confessions to be examined by a doctor.
However, as the exhibit was handed over to the court, Judge Erasmus immediately found discrepancies.
Erasmus found that the documents from Saldanha SAPS stated the accused were being held in their cells, when in fact, they could not have been, as they were moved to different locations.
“This does not make sense,” Judge Erasmus said.
He also went for the State, asking if they had reviewed the evidence they were handing in as exhibits.
“Did you check this? Did you not see this? This document is incomplete. You cannot give me something and not explain or point out the discrepancies,” Judge Erasmus said.
Judge Erasmus also questioned Johnson on the timing recorded on the documents as getting documentation, explaining, having everyone sign, transportation, and booking in could not logically have taken five minutes.
“I am not asking you time. I want reality. People booked in, signing, being taken to cars. We’re not playing games here sergeant, we're playing with people’s lives. Looking at the time I have to decide whether it complies. I am told by the state that this amounts to a confession, to which will be a guilty plea, and life imprisonment can be imposed,” Judge Erasmus said.
Irritated, Judge Erasmus also stated that it could be that the books were being cooked because it stated that Boeta was in the cells; however, at the time, documentation shows him being examined by a doctor at the hospital.
Johnson could only state that she doesn’t know what happened.
As van Rhyn’s lawyer conducted her cross-examination, Nobahle Mkabayi also stated her client claimed Johnson was part of the officers who had tortured him.
“You were making fun of him. Saying he was strong. Telling him he needs to speak the truth,” Mkabayi submitted, however, Johnson remained adamant she did not know about any assault.
When asked what she smoked, Johnson said: “Rothmans Mild”. Mkabayi claimed Johnson had even given her client a puff of her cigarette because he knew exactly what brand of cigarettes she smoked.