Latest news with #JoslinSmith
The South African
16 hours ago
- General
- The South African
Will Joslin Smith state witness get indemnity or face JAIL?
The state witness in the Joslin Smith trafficking trial, Laurentia Lombaard, is awaiting her fate of indemnity or a prison sentence in a special hearing under the Western Cape High Court. The woman – a former accused who turned State 204 witness – has previously stated under oath that the missing girl's mother, Kelly Smith, allegedly sold her daughter to a sangoma for R20 000. Last week, Kelly, her boyfriend Jacquin 'Boeta' Appollis, and pal Steveno van Rhyn were sentenced to life in prison for trafficking and kidnapping. The trio has 14 days to apply for leave to appeal the sentence. Joslin went missing from her home in Saldanha Bay on 19 February 2024. She has not been found. Speaking to the SABC, National Prosecuting Authority (NPA) prosecutor Zelda Swanepoel revealed Western Cape High Court Judge Nathan Erasmus would hear evidence and arguments from both the prosecution and the defense pertaining to state witness, Laurentia Lombaard. He would impose her sentence in a separate hearing. Swanepoel said: 'We will be called upon to argue and indicate why we say she should or should not be granted indemnity. 'Our argument is that she should be granted indemnity.' State witness Lourentia Lombaard testified that Kelly Smith sold her daughter Joslin to a sangoma. Will she be granted indemnity for her testimony? Images via YouTube screenshot: SABC News. Laurentia Lombaard – a State 204 witness – previously stated under oath that Joslin Smith's mother, Kelly Smith, allegedly sold her to a sangoma for R20 000. Lombaard also claimed in her testimony that Kelly had offered her R1 000 in 'hush money'. She added that she had not received the money, even after confronting Kelly about it. Late last year, charges were withdrawn against Lombaard, who was granted provisional indemnity from criminal prosecution. However, her credibility was questioned when she admitted to lying to police in a recorded statement after Joslin Smith's disappearance. Her version of events from her March 2024 statement differs from her confession to police in October, when she agreed to turn state witness. In court, she admitted to being under the influence of drugs when making the initial statement. According to the Criminal Procedure Act, a Section 204 witness can receive indemnity from criminal charges, provided that their testimony and evidence help incriminate the accused. In the case of Joslin Smith, the NPA offered Lombaard witness protection in exchange for her testimony against Kelly Smith, Boeta Appollis, and Steveno van Rhyn, who have since been convicted and sentenced. If the court does find that Lombaard did not testify truthfully, she could face prosecution for perjury and related charges. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
The South African
4 days ago
- The South African
Joslin Smith court case: What happened to state witness?
Western Cape High Court Judge Nathan Erasmus has imposed a life sentence on convicted traffickers of Joslin Smith, including her mother, Kelly Smith. But what about the state witness, Lourentia Lombaard? The woman – a former accused who turned State 204 witness – has stated under oath that Kelly allegedly sold her daughter to a sangoma for R20 000. Kelly, her boyfriend Jacquin 'Boeta' Appollis, and pal Steveno van Rhyn received concurrent sentences for trafficking and kidnapping. During his sentencing hearing, Western Cape High Court Judge Erasmus revealed that the trafficking trial's fourth former accused, turned state witness, Lourentia Lombaard, would hear her fate in another court date. Lombaard – a State 204 witness – previously stated under oath that Joslin's mother, Kelly Smith, allegedly sold her to a sangoma for R20 000. Charges were withdrawn against Lombaard, who has been granted provisional indemnity from criminal prosecution. However, her credibility was questioned when she admitted to lying to police in a recorded statement after Joslin Smith's disappearance. Her version of events from her March 2024 statement differs from her confession to police in October, when she agreed to turn state witness. According to the Criminal Procedure Act, a Section 204 witness can receive indemnity from criminal charges, provided that their testimony and evidence help incriminate the accused. In the case of Joslin Smith, the National Prosecuting Authority offered Lourentia Lombaard witness protection in exchange for her testimony against Kelly Smith, Boeta Appollis, and Steveno van Rhyn. However, if the court finds that the witness has not testified truthfully, they may face prosecution for perjury and related charges. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
Mail & Guardian
28-05-2025
- General
- Mail & Guardian
Kelly Smith's mother uses victim impact statement to confront daughter about parenting, indifference
In court: Missing Joslin Smith's mother Kelly Smith at the trial Kelly Smith sat hunched, her expression almost unreadable as her biological mother, Amanda Daniels, delivered a searing victim impact statement before the Cape Town high court on Wednesday. When Smith raised her eyes, the shimmer of tears from a prior impact statement betrayed her attempts at a stoic composure. The courtroom was silent as Daniels spoke of the pain and permanence of the loss she felt since Kelly's middle child, her granddaughter, Joslin Smith, went missing in February 2024. Smith, her partner Jacquen 'Boeta' Appollis and their friend Steveno van Rhyn were found guilty by Judge Nathan Erasmus on 2 May of the kidnapping and trafficking of Joslin. The state is seeking life sentences for the trio. The court is this week hearing testimony in mitigation or aggravation of sentence, with sentencing expected to take place on Thursday. Daniels has been caring for Smith's other two children since her daughter was arrested last year. When Daniels recounted in her statement wanting to adopt Kelly's eldest child — the big brother of still missing Joslin — Smith gave the slightest shake of her head, a faint, fleeting smirk brushing across her lips. It was a moment that was both intimate and devastating. Captured forever on a live television feed, that reaction confirmed what witness after witness had said during the eight-week-long trial of Smith, Appollis, and Van Rhyn: that Kelly Smith did not react the way a caring mother would when Joslin was missing, or thereafter. 'Kelly, you have made our lives hell on earth,' began Daniels' statement to her daughter, read out by court preparation officer Deonett Boltney. 'I feel like my heart has been ripped from my body.' 'You have broken [this family] apart.' Her fear for her grandchildren was palpable, Daniels continued in the statement. She is caring for Smith's remaining two children, and does not rest until they are home and safe, Daniels said. She added that the youngest child was scared of being left alone, and constantly asked where her sister and mother had gone. 'How did you feel on mother's day?' Daniels asked. 'I cried my eyes out' 'Did you not wish you had your three children with you?' The lives of Smith's brothers and sisters, and her parents, had been 'aired like dirty laundry', said Daniels. 'I gave you up to my parents to look after [when you were born] because I was naive and needed to find work, and I knew they would give you the best in life,' Daniels said. When the wounds of that adoption had seemingly healed, Daniels said she wanted to take Smith, her eldest son and Joslin to come and live with her, 'but you threw it in my face [presumably Daniels' giving up Smith to her parents for adoption]'. 'When I wanted to adopt [your oldest son, knowing I could offer him a stable home], you told me: 'Then I'll show you, I will make another child'. 'You don't want to take responsibility for your actions. You said you would 'talk' at your next appearance, but now you won't talk. Again, lies. How do you sleep, how do you live with yourself? I can't sleep at night when your brothers and sisters are not home. That is what a mother is.' Smith's eldest child was being teased at school, said Daniels, 'about his mother being on tik and selling his sister'. 'I have had to fetch your kids out of school because of your wicked deeds,' she added. The preceding eight-week trial was an intense matter that included the dramatic and often Those allegations were denied by police and refuted by both medical doctors who examined the men before and after their confessions were made. The admissibility of the confessions — extracted as a result of coercion and assault, according to Appollis and Van Rhyn — led to a weeks-long trial-within-a-trial, where it was eventually decided they could be admitted as evidence. Police are no closer to knowing Joslin's whereabouts. The child's family, and the Middelpos community in Saldanha Bay from where she went missing, have stated publicly that they are hoping Smith will still 'come clean' about Joslin's fate.
The South African
26-05-2025
- The South African
Joslin's mother rolls eyes amid possibility of 'maximum sentence'
Joslin Smith's mother, Kelly Smith, was seen smirking and even rolling her eyes in the Western Cape High Court amid sentencing proceedings relating to her guilty verdict for kidnapping and trafficking. Kelly is accused of being the 'mastermind' behind the disappearance of her daughter last year. She is believed to have sold her child for R20 000 to fuel her drug habit. Last Friday, Kelly Smith and her co-accused, boyfriend Jacquin 'Boeta' Apollis and pal Steven van Rhyn, appeared in the Western Cape High Court. The trio was found guilty of kidnapping and trafficking Joslin Smith, with her mother, Kelly, reportedly being the 'mastermind' behind the deal. In a clip posted on social media, Kelly was all smiles with her co-accused and members of the gallery. She then rolled her eyes when asked a question. @justice_forthe_voiceless #SAMA28 #southafrica #tiktoksouthafrica #fyp #southafricatiktok #foryou #foryoupage #missing #missingchildren #joslin #joslinsmith #joslinupdate #kellysmith #kelly #boeta #stevano #sama28tiktok🇿🇦 ♬ Suspenseful – Oleg Kashchenko Kelly's theatrical behaviour comes amid the accused's sentencing, which will take place at the Multipurpose Centre in Diazville in Saldanha. Their hearings are scheduled for this week, and the sentence will be handed down on Thursday, 29 May. Kelly Smith's mother hopes her daughter will reveal the location of Joslin Smith. Images via YouTube screenshot: SABC News Meanwhile, a criminal defence attorney believes that Judge Nathan Erasmus may possibly hand down a harsh sentence, given the lack of remorse shown by Joslin Smith's mother, Kelly Smith. William Booth told EWN: 'So, the fact that the child has not been recovered, either a body or found, if she is still alive, is an aspect that I believe could be regarded as aggravating. The State will present evidence requesting the maximum sentence to be imposed.' Pressure is also mounting for Kelly to shed light on the whereabouts of her missing daughter. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 . Subscribe to The South African website's newsletters and follow us on WhatsApp , Facebook , X, and Bluesky for the latest news.
The South African
12-05-2025
- The South African
'I did it for all the mothers': Woman who torched Joslin Smith's home
The woman accused of setting Joslin Smith's home in Middelpos, Saldanha Bay, says open her heart and confess where her daughter is. The incident happened just hours after Kelly Smith and her boyfriend, Jacquen 'Boeta' Appollis and their friend Steveno van Rhyn were found guilty of kidnapping and human trafficking on 2 May over Joslin's disappearance. The South African previously reported that the young girl went missing from her home in Diazville, Saldanha Bay, on 19 February 2024. At the time, she was under the care of her mother's boyfriend. Speaking outside court on after being granted bail, Kekana told eNCA that she did what she did for all the mothers out there with children who are missing. Kekana said she has a cousin who has been missing for over 16 years, and as a family, they have no clue where she is. 'I wanted to show her that she should tell the community where the child is, because she knows where the child is. I just want her to open her mouth because we are also mothers, and I was arrested, but I've learnt my lesson and I am here today with my child,' she said. Kekana said she was angry and emotional when Kelly Smith refused to testify in the trial on Joslin Smith's disappearance and that's why she did what she did. 'She must open her heart and say where Joslin Smith is. She carried the child for nine months and gave birth. How can you sell your child just like that for money? How can a mother do that?' Kekana questioned. Joslin Smith's mother, her boyfriend, and their friend were arrested just days after the young girl disappeared, and they abandoned their bail applications. They faced four counts of human trafficking and kidnapping. Delivering the judgement at the White City Multipurpose Centre in Diazville Judge Nathan Erasmus said the state was able to prove beyond reasonable doubt the guilt of the three accused in counts 1 and 2. On count 1, he found them guilty of trafficking in persons. They were also found guilty of kidnapping, which was count 2. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X, and Bluesky for the latest news.
