The fourth week of the Joshlin Smith trial ended with the lawyers claiming the police had assaulted their clients before they were charged.
The trial commenced on March 3, 2025 at the White City Multipurpose Centre, where the Western Cape High Court sits.
The six-year-old girl’s mom, Racquel ‘Kelly’ Smith, boyfriend Jacquen ‘Boeta’ Appollis, and their friend Steveno ‘Steffie’ van Rhyn were charged with kidnapping and human trafficking. They have all pleaded not guilty.
The arrest came after Joshlin went missing from her Middelpos home on February 19, 2024.
Here’s what happened this week:
Monday
The former accused turned State witness, Lourentia Lombaard, went back on the stand as she was cross-examined.
She had previously testified that Kelly Smith allegedly planned the child’s disappearance and later claimed to have sold her to a sangoma for R20 000.
She revealed that the police moved her and her family to a safe house due to community threats, where she and her boyfriend, Ayanda Litoni, were assaulted as one of the accused said she knew Joshlin’s whereabouts, and she was later taken to the bushes and threatened at gunpoint.
During cross-examination, defence attorney Nobahle Mkabayi pointed out inconsistencies in Lombaard’s testimony, accusing her of lying.
Tuesday
Lombaard testified about her tense friendship with Kelly. She revealed that Kelly suspected her of having an affair with her boyfriend Boeta, adding strain to their relationship before the child’s disappearance.
Kelly’s lawyer, Rinesh Sivnarain, questioned the nature of Lombaard and Kelly’s friendship, with Lombaard admitting Kelly was sometimes jealous and erratic, but also that they were good friends.
Mkabayi challenged Lombaard’s credibility and confronted her about preparing food for Joshlin while knowing she was allegedly part of a plan to sell her.
As the cross-examination continued, Lombaard suddenly felt dizzy and had to be carried out of court by officials. The presiding officer, Judge Nathan Erasmus, reacting to the unfolding revelations, remarked: “The longer I sit here, the more surprises I get.”
Wednesday
Rinesh asked the reason Lombaard didn’t report the plan to sell Joshlin. He said she had numerous opportunities to do so but didn’t. She confirmed to the judge she was waiting for her share of the R20 000, as she was promised R1 000 to keep quiet. The cross-examination concluded.
New witness, Detective Captain Wesley Lombard, revealed that Kelly claimed her daughter was no longer in Saldanha Bay, just a week after she went missing.
Lombard detailed his first encounter with Kelly, describing her as restless and dismissive. She showed little concern for Joshlin’s whereabouts, stating she had “moved on” because she had two other children.
She did not inquire about any updates on the case and refused to explain what she meant by saying Joshlin was no longer in Saldanha Bay.
Earlier, Sivnarain cross-examined Lombaard, pressing her on why she didn’t report Joshlin’s disappearance sooner.
Lombaard admitted she was scared and had accepted R1 000 from Kelly to stay quiet. She also confirmed using drugs in the days before the alleged disappearance.
Sivnarain also spoke about misinformation spread on social media and mentioned Patriotic Alliance leader Gayton McKenzie, who streamed live on Facebook during the investigation.
Thursday
Lombard had to pause his testimony as parts of his evidence were addressed in a trial-within-a-trial.
He revealed that during questioning, Boeta and Van Rhyn unexpectedly told police to ask Kelly about Joshlin, saying she knew what had happened.
When confronted, Kelly reacted angrily, swearing at them and the officers before breaking down and saying: “What must I do? The child is gone.”
Friday
Mkabayi questioned Lombard on why her client, Van Rhyn, was rearrested after initially being released by the first investigator. She also argued that his confession was coerced and that he had been assaulted before his arrest.
Lombard explained that Van Rhyn was implicated after Boeta’s statement revealed discrepancies. Boeta claimed that Van Rhyn was present at the house when Joshlin went missing, but later distanced himself, contradicting other witness accounts.
The cross-examination will continue on Tuesday.
Judge Nathan Erasmus confirmed that the trial would not go into recess as planned, except for Monday, due to Eid al-Fitr. New witnesses will take the stand as the case enters the trial-within-a-trial phase.
