Joshlin Smith trial: Court finds Kelly and co-accused guilty
Judge Nathan Erasmus has found that the state succeeded in proving the guilt of the three accused in counts one and two in the Joshlin Smith disappearance case.
On count one, he found them guilty of trafficking in persons. They were also found guilty of kidnapping, which is count two.
The trial involving Joshlin’s mother, Racquel ‘Kelly’ Smith, and her co-accused, Jacquen ‘Boeta’ Appollis and Steveno van Rhyn, continued on Friday, where the judge delivered his judgment.
“This case primarily concerns Joshlin Smith, a child who is still missing. There is a saying that it takes a village to raise a child. It has implications that for a village to thrive, it must be a healthy environment that ensures that the child grows up healthy,” said Judge Erasmus.
“It becomes our responsibility that every child who grows up in our village can turn into a contributing member of our society.”
The judge said none of the witness evidence was disproved, further questioning Kelly’s conduct after her child went missing. He also questioned why Kelly did not participate in the search for her child.
“The conduct of Appollis and Kelly was not that of a concerned parent, and in my opinion, it was because you knew.”
He further said while the three accused had the right to remain silent, that right came at a cost, as they kept silent despite the evidence being brought against them.
“Counsel argued in court that this case is the first of its kind, but we don’t know. Maybe it’s just the first that was publicised.”
Judge Erasmus told the court that the state was obliged to prove what was done, how, when, the persons involved in the trafficking, why it was done, and the exchange recorded.
After 35 days of listening to witnesses, judge Erasmus said there was no evidence presented on behalf of the accused.
“From the evidence of the social workers, miss Smith became known as a person who needed assistance as far back as 2016. Miss Smith had an addiction problem that caused further friction with her grandmother.
“During 2017, the grandmother reported to the department that Smith had another child, Joshlin. At the time, she could not provide the whereabouts of Smith.
“In 2018, Smith visited the department for assistance with her addiction. By then, Joshlin’s birth had not been registered. The social workers assisted her in registering the birth of Joshlin.”
An attempt to adopt Joshlin was made in 2018; however, the process could not progress because the parents were not cooperating.
The court heard the reason Kelly allegedly sold Joshlin was because of the repeated attempts by the family friends to adopt the missing girl.
On Wednesday, Van Rhyn’s defence attorney, Nobahle Mkabayi, told the Western Cape High Court in Saldanha that the state relied on Lourentia ‘Rens’ Lombard’s ‘inconsistent’ evidence to prove its case.
Mkabayi took the stand and told judge Nathan Erasmus that the state had failed to prove its case beyond reasonable doubt, and only relied on “speculation” from a witness who previously admitted to being high when Joshlin went missing.
Mkabayi disputed the credibility of the prosecution’s key witness, Lombard, and said the state failed to conduct proper investigations.
She questioned how Lombard remained quiet through the alleged assaults and torture and only confessed several months later.
“We’ve got this 204 [Lombard] who was arrested on 13 March and appeared in court and didn’t confess. From March to 21 October 2024, the same person who was tortured seven months before says, ‘Now I can confess’. That alone says a lot about this 204,” Mkabayi told the court.
The defence told the court Lombard went through at least three police officers and told them the same story, only to later admit she had lied because she was scared.
“When confronted under cross-examination, she said, ‘No, I was scared’ – scared of what? ‘I was scared, maybe I had a relapse of drugs, so that’s why I lied.’ What surprised me more was that she knew she was lying and continued. In fact, she fooled an officer. That’s the 204 we have before this court.
“As if that was not enough, she went to do the confession. These people who took her statement and confession are trained; they are the pride of our country – law enforcement officers. We’ve got a 204, for the second time, who lied before an officer. She then appeared before captain Lombard and did not stop lying. When her statement was brought before this court, it didn’t stand the test of cross-examination.”
Mkabayi said Lombard’s testimony was filled with lies, contradictions and inconsistencies.
However, the judge on Friday admitted her evidence, along with that of other witnesses.
-The Citizen.
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