Kelly Smith's statement to police after her daughter's disappearance was laid bare in court.
Image: Ayanda Ndamane/Independent Newspapers
As the State called its second witness in the Joshlin Smith trial yesterday, the statement Kelly Smith made to police was revealed and submitted as evidence.
Constable Luzuko Kobese took to the stand. He was one of the police officers stationed at Saldanha SAPS who were the first to respond to the call about a missing child.
While most of his testimony corroborated that of his colleague, Constable Yanga Gongotha, the State’s first witness, Constable Kobese was also the one who took the statement of the mother of the missing girl.
Joshlin disappeared on Monday, February 19, and was allegedly last seen at 5pm. At the time of her disappearance she was last seen wearing a light blue t-shirt, a denim shorts and pink slippers.
Jacquen ‘Boeta’ Appollis, Steveno van Rhyn and Kelly Smith appeared before Judge Nathan Erasmus.
Jacquen 'Boeta' Appollis.
Image: Ayanda Ndamane/Independent Newspapers
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The trio face charges of human trafficking in persons and kidnapping.
The police officer explained to the court how they had all driven over with Kelly accompanying them as they not only searched for her missing daughter, but also the man in whose care she was left - ‘Boeta’.
As the police officer was testifying, some of the accused seemed rather bored during proceedings.
Boeta was seen looking around, constantly looking to the ceiling, while van Rhyn was fast asleep. He had his hands in a praying position with his elbows on the table before them. Kelly was seen jotting down notes on a notepad every moment the police officer mentioned her name.
As Constable Kobese continued with his testimony, Boeta and Kelly exchanged glances at each other and he urged her to listen to the details as she pointed his fingers to his ears. Again, she started writing on her notepad.
Jacquen Appollis, Steveno van Rhyn and Kelly Smith appeared before Judge Nathan Erasmus in the White City Multipurpose Centre in Saldanha Bay, in connection with the disappearance of Joshlin Smith.
Image: Ayanda Ndamane / Independent Newspapers
Constable Kobese said there was a disagreement between Kelly and Boeta but he could not make out what it was about as it was in Afrikaans.
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“He appeared to not be cooperating with us. We had to ask him more than once questions and it was like he did not want to answer,” he told the court.
Kelly, who initially told police she found out Joshlin was missing when she returned home from work, changed her story.
In her statement, which IOL is in possession of, she said: “At about 1.50pm, I returned home from work. My boyfriend, Jacquen, was not at the home, and I only found two children. I asked them where Joshlin was, and they said they didn’t know. I went out to look for her, and the father was also looking for the child.”
Kelly gave a description of Joshlin's clothing and stated police had advised her to open an inquiry for a missing person.
“It is the first time she hasn’t come back home even if she’s playing,” the statement read.
State Prosecutor Advocate Aradhan Heeramun confirmed by the police officer that Kelly signed after understanding what was written and he confirmed it.
When asked how Boeta was during this time, he said: “Boeta appeared like one under pressure and refused to answer the police’s questions”.
Advocate Heeramun also asked Constable Kobese to explain Kelly’s demeanour as he took the statement outside near her home.
“She appeared calm. Willing to give answers, but at some points she appeared to become hesitant at some questions. During the statement, the questions posed put her under pressure and even more so, when bystanders asked her if the child was still alive. She was hesitant to answer,” Constable Kobese testified.
He told the court he asked Kelly if she was willing to sleep at home that night under the circumstances - residents were screaming at her - and she said no and he took her to a relative’s house.
Constable Kobese said after the statement was completed, Kelly was back to being calm and could even speak properly now, after the questions from bystanders stopped.
robin.francke@iol.co.za
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