State witness in Joshlin Smith case granted prosecutorial immunity
This comes as the convicted trio, Kelly 'Racquel' Smith, Jacquen 'Boeta' Appollis and Steveno van Rhyn, were denied leave to appeal their sentences and convictions, with the judge saying he doesn't believe any other court would come to a different conclusion.
Judge Nathan Charles Erasmus ruled that Lombaard could not be prosecuted for the kidnapping of the six-year-old girl, noting that while she was aware of the arrangements and kept quiet, she played no role in the actual abduction.
'You may not be prosecuted for this offence,' Erasmus said.
The decision was made after considering her testimony and the legal provisions under Section 204 of the Criminal Procedure Act.
State prosecutor Zelda Swanepoel told the court that Lombaard had made 'huge personal sacrifices' by leaving her home and children to enter witness protection and face intense cross-examination.
'The court must understand the nerve, a witness box is not an easy place to be in. The cross-examination was intense,' Swanepoel said.
Lombaard's evidence was key in revealing that Joshlin had been sold to a sangoma for R20,000, a revelation that helped secure the convictions.
Advocate Eben van Tonder, acting for Lombaard, said she had 'much to lose' and that this in itself incentivised her to be truthful.
Defence lawyers for the three convicts continued to challenge the fairness of the trial, accusing the state of procedural violations, unlawful detention and withholding of information.
Advocate Nobahle Mkabayi, representing Van Rhyn, claimed her client's confession was extracted under duress and that they had appeared in court 'bare-handed and clueless'.
Advocate Fanie Harmse, for Appollis, argued that another suspect, Phumza 'Maka Lima' Sigaqa, was never charged despite evidence suggesting Joshlin may have been taken to her home.
He also pointed out that Appollis had injuries when arrested, saying that his injuries cannot be wished away.
The hearing was marked by tense exchanges between the judge and the defence, with Mkabayi accusing Erasmus of creating a hostile environment that denied her client the right to be heard.
Erasmus dismissed the claims, saying both sides had been given equal opportunity to present their cases.
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