Jacquen Appollis, Steveno van Rhyn and Kelly Smith attorneys can now cross-examine the state witness. Image: Robin-Lee Francke/IOL
Image: Robin-Lee Francke/IOL
As the third week of the Joshlin Smith trial concluded on Thursday, we give you an insight into what took place this week.
Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Joshlin’s mother Kelly Smith are on trial in Saldanha and face charges of kidnapping and human trafficking.
The trio have pleaded not guilty to the charges against them.
Former accused turned state witness, Laurentia Lombaard, who was on the stand since Thursday concluded her evidence in chief on Monday for the state.
State witness and former accused Laurentia Lombaard. Image: Ayanda Ndamane / Independent Newspapers
Image: Ayanda Ndamane / Independent Newspapers
Lombaard told the court she did not initially tell police the truth. Lombaard expressed remorse on the stand when asked how she felt following the incident and regarding her involvement.
“I feel very hurt. I am a mother of four and I didn’t know the plans Kelly and Boeta had. I only overheard them at a later stage about plans to sell the child. I tried to stop her [Kelly] but she wouldn’t listen,” Lombaard said, getting emotional on the stand.
“Wherever she is [Joshlin] ... I appeal to whoever may have the child. Please bring her home. I hope the child is alive. I am so sorry that I was involved,” Lombaard said.
Kelly’s sister. Mickeyla Daniels, a police constable attached to the Public Order Policing (POP) in Upington in the Northern Cape also took the stand.
Mickeyla Daniels, the younger sister of Kelly Smith, testified for the State. Image: Armand Hough/Independent Newspapers
Image: Armand Hough/Independent Newspapers
On February 21, 2024, Daniels received a voice note from Kelly stating Joshlin had not been found yet but claimed she ‘will get her back’ that day.
Daniels testified she asked Kelly where Joshlin was, and, in her own words, Kelly said: “My sister, my kind is hier in die plakkerskamp. Iemand wil my kind verkoop maar Saldanha is nou ‘n hotspot. (my child is here in the informal settlement. Someone wants to sell my child, but Saldanha is currently a hotspot).”
She testified a woman, later identified as Kelly, argued with a man. She also witnessed a child nearby.
Tshosa told the court that the woman and what she assumed was her partner had an ugly argument, and the woman took the child, saying: ‘Ek gaan jou wys (I will show you)’. She testified she saw Kelly pulling the child and heading into the shack. She also saw Joshlin show Kelly a pink flip-flop. At the time, she heard what sounded like pots and dishes falling.
“I thought she was fighting with her husband and taking her frustrations out on the child,” Tshosa said.
Tshosa said on February 20, 2024, a colleague at school showed her a picture from a local social media group announcing Joshlin’s disappearance.
“When I saw the picture, I said this child’s mother must tell the truth about where the child is. This child did not disappear,” Tshosa said.
During Paulina Tshosa's cross-examination, van Rhyn’s lawyer Nobahle Mkabayi took her time with the witness.
Steveno van Rhyn's lawyer, Nobahle Mkabayi was scrutinising the witness' statement. Image: Henk Kruger/Independent Newspapers
Image: Henk Kruger
This is despite her client not immediately being identified during the evidence in chief given by the witness.
Tshosa stated the man she assumed was Kelly’s partner was sitting in the middle of the boulders in the informal settlement and seated on either side of him were a man and a woman, who she only identified as a woman because her breasts were visible.
Mkabayi’s cross-examination was met with many interferences by Judge Nathan Erasmus who told her either a question would not be allowed or had to explain the context of certain questions and even statements made by herself.
The much-anticipated cross-examination of former accused turned state witness, Lombaard began.
Lombaard became a State witness in October last year and when asked by the State why, she said: “I told myself that I was going to speak the truth as I could no longer hide things”.
Judge Nathan Erasmus has not been afraid to ask the hard questions. Image: Ayanda Ndamane/Independent Newspapers
Image: Ayanda Ndamane
Fanie Harmse, the defence lawyer for Boeta, began his cross-examination slowly, concentrating on seemingly irrelevant details of Laurentia Lombaard's testimony.
His lengthy and at times, nonsensical questioning raised eyebrows but he kept at it.
Lombaard remained steadfast in her responses when questioned about Kelly's temper and violent behaviour, which included breaking a window, injuring herself, and even threatening to kill Boeta with a knife.
During her testimony, Lombaard fell ill.
After an adjournment, she returned to the witness box.
A discrepancy came up between Lombaard’s statement and her evidence in chief.
Joshlin Smith has been missing since February 19, 2024.
Image: SAPS
During this time, as the cross-examination was under way, Harmse kept on asking Lombaard where her children were on the morning of February 18, 2024. She previously testified her children were with her at Kelly’s place.
However, she backtracked when Judge Erasmus asked why this was not in the statement. She said she ‘made a mistake’.
Soon after, Lombaard fell ill again and the day’s proceedings were adjourned.
On the 14th day of the Joshlin Smith trial,Lombaard shocked the court by confessing to lying to a police officer during her arrest, raising questions about her credibility as she faced cross-examination from Harmse.
As Lombaard was being grilled on her statements made to police after her arrest and her confession.
The court heard that Lombaard was initially interviewed by Captain Cilliers who took her statement regarding the incident.
This interview was also filmed, the judge and legal counsels have already viewed the footage.
It is not sure if the footage will be played in court.
Lombaard told the court when she gave her statement to Cilliers she did not really trust her and had reservations about the officer.
Judge Erasmus was not afraid to ask the hard questions. He asked why she then spoke to the police captain and she responded: “I didn't know she was going to come to me. I just spoke. I didn’t know if I could tell people what happened,” the court heard.
The court heard two days prior to her arrest, Lombaard was doing drugs, and the possibility of her being drugged during the interview is high.
Judge Erasmus also asked her if she was expecting any benefits after speaking to the police captain and she said no.
“As recorded on the statement you told her: ‘My wish is that they would grant me free bail so I can go home and come to court from home,” Judge Erasmus said.
“She asked me so I answer, she did not simplify the statement for me so I could understand it,” Lombaard told the court.
The topic of the money being shared among them also came up.
Previously, Lombaard testified that the sangoma was going to pay Kelly R20,000 for Joshlin and Kelly decided she would give co-accused van Rhyn R1,200, Lombaard R1,000, and share the rest among her and Boeta.
Lombaard remained adamant this discussion took place on Sunday, February 18, 2024, a day before Joshlin disappeared.
Judge Erasmus again stepped in and asked when she told Captain Cilliers about the discussion of the money. She said the Sunday. However, Judge Erasmus said on the footage she told the police captain the discussion took place the Monday.
“Did you lie to Captain Cilliers?” Judge Erasmus asked.
“Yes,” Lombaard responded.
The matter has been postponed until Monday, March 24.
robin.francke@iol.co.za
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