Final verdict day for Joshlin Smith kidnapping accused

The high-profile kidnapping case of Joshlin Smith that has gripped the country is expected to reach its final stages on Friday, with Judge Nathan Erasmus set to deliver an eagerly-awaited judgment.

Scores of people are expected to descend on the White City Multipurpose Centre in Diazville, Saldanha Bay, where the Western Cape High Court has been sitting for the duration of the trial against Joshlin's mother Racquel "Kelly" Smith, her boyfriend Jacquen "Boeta" Appollis, and their friend Steveno van Rhyn.

All three have pleaded not guilty to charges of kidnapping and human trafficking.

Joshlin, 6, went missing from her Middelpos home on February 19, 2024, sparking a frantic search that quickly escalated into a major criminal investigation.

On Wednesday, both the State and the defence concluded closing arguments, paving the way for the court’s final ruling.

Public interest in the case remains intense, as community members from across the province are expected to travel to Diazville, with some planning to queue outside the venue before dawn.

Chadwick Fortuin, who has travelled from Piketberg, said he had been in Middelpos since the early days of Joshlin’s disappearance, assisting in search efforts.

“I feel my presence must be there to see that justice prevails, and we hope that there will be a positive outcome,” said Fortuin.

“My plan for Friday is to queue outside the court from 4am.”

The multipurpose centre has served as a temporary courtroom since the trial began on March 3.

Judge Erasmus acknowledged the logistical challenges ahead of the anticipated influx of spectators.

“I take it there will be a lot of people. There will be logistical arrangements, especially if the court is full,” he said.

“I’ll be making a ruling on the seating arrangements.”

While the judge confirmed he expects politicians to attend proceedings, he made it clear that no special seating arrangements would be made for them.

Only the accused and family members of the victims would be prioritised.

During the closing arguments, Kelly’s lawyer, Rinesh Sivnarain said it is unlikely that she confided in witnesses about any plan to traffick her 6-year-old daughter, a central allegation in the State’s case.

Sivnarain launched a scathing attack on the credibility of the State’s key witness, Lourentia "Renz" Lombaard.

Lombaard testified that Kelly sold her daughter to a sangoma for R20 000, while Lombaard was offered R1 000 and Van Rhyn was promised R1 200.

“All the incidents that were testified about, by Ms Lombaard as well as the accused, happened under the influence of drugs,” Sivnarain told the court. 

He reminded Judge Erasmus that Lombaard had admitted to using methamphetamine two to three times a day in February 2024 and had been a habitual user for 16 years. 

“Even when explaining discrepancies in her confession, she claimed her mental faculties were impaired. She confirmed she was unreliable when she consumed drugs.”

He argued that time discrepancies in her account were not merely minor inconsistencies but serious credibility issues. 

He told the court that the State had failed to prove its case beyond a reasonable doubt and said there was no corroborating evidence from Accused 1 or 2 (Appollis and Van Rhyn) to support Lombaard’s version. 

“There is no common purpose. If you consider the evidence alone, it is not just weak — it is dangerous to convict someone on that.”

Responding in the State’s closing argument, prosecutor Advocate Zelda Swanepoel conceded that Lombaard was not a perfect witness. 

“I concede she wasn’t the best witness. There can be criticism. But the test is whether the evidence is so bad that no court would believe it — and that is not the case here.”

Swanepoel said the State’s case did not rest solely on Lombaard’s version.

“If it had only been Ms Lombaard’s evidence, that would be a problem. But it isn’t. We’ve put the puzzle together piece by piece."

Cape Argus