Latest news with #LaurentiaLombaard
IOL News
3 days ago
- IOL News
Court grants indemnity to Laurentia Lombaard in Joshlin Smith case
Laurentia Lombaard has been granted indemnity. Image: Armand Hough/Independent Newspapers 'You played no active role in the trafficking and kidnapping of Joshlin Smith,' were the words from Judge Nathan Erasmus as he delivered his much-anticipated judgment on the indemnity of the Section 204 witness Laurentia Lombaard. The judgment was delivered in the Western Cape High Court. Lombaard was the state's star witness during the trial of the missing green-eyed girl from Middelpos in Saldanha. Lombaard was initially arrested and charged alongside Kelly Smith, Jacquen 'Boeta' Appollis, and Steveno van Rhyn for the kidnapping of Joshlin. Joshlin Smith has been missing since February 19, 2024. Image: SAPS However, months after her arrest, Lombaard opted to become a Section 204 witness for the State, providing key evidence that helped secure the convictions of the trio. Her lawyer, Advocate Eben van Tonder submitted that while there were some minor discrepancies found during her testimony, the court needed to take into consideration that nerves can be a factor when testifying. He stated that even professionals feel nervous when testifying, and many times not under such scrutiny as in this matter. 'The court relied on parts of the witness's testimony for judgment. Taking it all into account, the witness testified honestly. She made huge sacrifices, especially when it comes to her family. Her whole life has been uprooted, and she was placed in witness protection,' van Tonder submitted. Jacquen Appollis, Steveno van Rhyn and Kelly Smith were sentenced in May. Image: Robin-Lee Francke/IOL During her testimony, Lombaard told the court Kelly sold Joshlin for R20,000 with the promise of giving van Rhyn R1,200, herself R1,000, and sharing the rest with Boeta. Delivering his judgment, Judge Erasus told Lombaard he knew she faced a lot of criticism, but he had gone through everything, looking not just at the facts but also at everything with common sense. 'At times, as in your case, a person does not come clean because of something you expected. This is the R1,000. It might sound a little to some people. I saw your living conditions. I was at your house. I heard about your prolonged drug use. To you, R1,000 was a lot. You needed it for your drug habit, which was so bad that you often went to Ms Smith to beg for food for your children. I am glad to see you're doing better,' Judge Erasmus told Lombaard. He further said: 'You left school in primary school. You have never been in trouble, do not know how to deal with authority. It is seldom a co-conspirator comes out with everything in the beginning. It took you seven months, from March to October'. Judge Erasmus said it would be unfair to attach too much weight to everything before someone became a Section 204 witness. 'I asked you many questions and at times you said you lied or you corrected yourself. You owned up to your mistakes. The decision I make will not be accepted by everyone. There will be people who will criticise you. I am of the view that you should be granted indemnity on charges relating to human trafficking and the kidnapping of Joshlin Smith. Yes, you were quiet. You played no active role in the trafficking or kidnapping of Joshlin. You may not be prosecuted,' Erasmus said. Lombaard stood up in court with a bright smile and teary eyes as relief washed over her. Judge Erasmus also rejected the application for leave to appeal their convictions and sentencing of Kelly, Boeta, and van Rhyn. Joshlin was reported missing on February 19, 2024. The little girl is yet to be found. [email protected] IOL
IOL News
4 days ago
- IOL News
Key witness in Joshlin Smith trial seeks indemnity: What is a Section 204 witness?
Laurentia Lombaard was a Section 204 witness in the Joshlin Smith Trial. Image: Armand Hough/Independent Newspapers Laurentia Lombaard, the key witness in the Joshlin Smith trial, has this week asked the court to grant her indemnity following her explosive testimonies that led to the guilty conviction of three people. The highly publicised trial made international headlines. The six-year-old green-eyed girl disappeared from Saldanha Bay on February 19, 2024. The search for her continues to date. Joshlin's mother, Kelly Smith, received a life sentence for her role in the child's disappearance. Kelly, her boyfriend Jacquen 'Boeta' Appollis, and Steveno van Rhyn each received life sentences for trafficking in persons and 10 years for kidnapping. It was Lombaard's startling testimony that Kelly had received R20,000 to sell Joshlin to a sangoma that sent shockwaves through the community. But despite her testimony, Lombaard, who became a Section 204 witness for the State, was not automatically released from facing criminal charges. Lombaard was initially arrested and charged alongside the trio. In October 2024, Lombaard decided to turn State witness. But what is a Section 204 witness? Speaking to IOL, Associate Lecturer in the Department of Criminal Justice and Procedure at the Law Faculty of the University of the Western Cape (UWC), Tlholo Lehlekiso, answers the questions. Jacquen Appollis, Steveno van Rhyn and Kelly Smith were sentenced in May. Image: Robin-Lee Francke/IOL Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading What is a Section 204 witness? 'A Section 204 witness is someone who took part in a crime but is called by the State to testify against others involved. In giving that testimony, they may have to admit their own role in the offence. In return, if the court finds that they answered all questions frankly and honestly, they can be granted indemnity, meaning that they cannot be prosecuted for that specific offence,' Lehlekiso said. She said Section 204 of the Criminal Procedure Act exists to make it possible for the State to use 'insider' evidence from accomplices to secure convictions against other offenders. Lehlekiso said the courts have demonstrated it is essentially a trade-off: the State gets crucial testimony and the witness gets protection from prosecution, provided that the witness tells the truth. When would the State opt for a Section 204 witness? 'The State would opt to use this mechanism when an accomplice's inside knowledge is crucial to proving the case, typically in organised crime, corruption, or gang-related cases. Sometimes, the only way to expose the full picture of a crime is to have someone who was a part of the crime explain what happened. 'Before questioning begins, the prosecutor must tell the court that the witness will have to give self-incriminating answers and must specify the offence involved. The court then explains the witness's obligations and rights, including that the witness must answer all questions honestly and that truthful testimony can lead to indemnity,' Lehlekiso said. What outcomes are there usually for Section 204 witnesses? Lehlekiso said there are two main possible outcomes: - Granted indemnity: 'At the end of the trial (courts have found that it is irregular to give the indemnity before the end of the case), the court decides whether the witness's evidence was frank, honest, and complete. If so, the witness is discharged from prosecution for the offence in question,' she said. - No indemnity: 'If the court believes the witness lied, withheld information, or gave unsatisfactory evidence, the protection falls away and they can be prosecuted.' Are most Section 204 witnesses granted indemnity? 'Most are granted indemnity because prosecutors typically choose witnesses they believe will cooperate and tell the truth. But it's not automatic: the decision to grant indemnity rests with the court after hearing all the evidence,' Lehlekiso said. She said, the law is clear: a Section 204 witness is not expected to tailor evidence to suit the State. They are only expected to give frank and honest answers. 'Early promises of indemnity are discouraged because they can prejudice the trial. Importantly, the protection is earned through credibility and not given as a reward for helping the prosecution's case,' Lehlekiso added. It is also important to note that Section 204 and Section 105A of the Criminal Procedure Act (deals with plea and sentence agreements) involve potentially implicating individuals. Section 204 specifically focuses on securing testimony through indemnity, while Section 105A focuses on plea bargains. Judge Nathan Erasmus is expected to deliver judgment soon. IOL
IOL News
4 days ago
- IOL News
State calls for indemnity for Laurentia Lombaard
State Prosecutor Advocate Zelda Swanepoel has called for indemnity for Section 204 witness, Laurentia Lombaard. Image: Armand Hough/Independent Newspapers The State prosecutor in the Joshlin Smith trial, Advocate Zelda Swanepoel, argued that Section 204 witness, Laurentia Lombaard, should be granted indemnity by the Western Cape High Court. Lombaard, a former accused, became a witness for the state in October 2024. Her testimony proved pivotal in the conviction of Kelly Smith, Jacquen 'Boeta' Appollis, and Steveno van Rhyn. The trio was found guilty of trafficking in persons and kidnapping and were sentenced to life imprisonment plus 10 years in May. Swanepoel argued to Judge Nathan Erasmus that while the state cannot grant indemnity, it was at the discretion of the court, but pleaded that the court take Lombaard's sacrifices into account. Laurentia Lombaard awaits her fate. Image: Armand Hough/independent Newspapers Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading She also submitted Lombaard's sin was keeping quiet and hiding the truth, but it should be noted that she came forward to assist. 'I submit contrary to whatever. She went back to correct a previous statement that said Boeta went with the white vehicle. Instead of incriminating him, she evaded doing that,' Swanepoel submitted. She further argued that with every Section 204 witness, disclosure is a process. 'Uneducated person, a prolonged drug user, the environment she is in, this case with cameras everywhere. The court must understand the nerves. A witness stand is not an easy place to be in. The cross-examination was intense. She was taken to task, and every personal thing was taken out. This must be taken into consideration,' Swanepoel submitted.
IOL News
5 days ago
- IOL News
LIVE: Laurentia Lombaard seeks immunity after testifying in Joshlin Smith kidnapping case
Laurentia Lombaard seated next to her lawyer, Advocate Eben van Tonder. Image: Robin-Lee Francke/IOL The lawyer for Laurentia Lombaard, former accused turned state witness, Advocate Eben van Tonder, urged the Western Cape High Court to exempt his client from any punishment. Van Tonder urged Judge Nathan Erasmus to relieve Lombaard of any charges she may face. Lombaard was the state's key witness during the trial in the disappearance of Joshlin Smith in Saldanha earlier this year. Lombaard was initially arrested and charged alongside Kelly Smith, Jacquen 'Boeta' Appollis, and Steveno van Rhyn for the kidnapping of Joshlin. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Joshlin Smith has been missing since February 19, 2024. Image: Supplied However, months after her arrest, Lombaard opted to become a Section 204 witness for the State, providing key evidence that helped secure the convictions of the trio. Van Tonder submitted that while there were some minor discrepancies found during her testimony, the court needed to take into consideration that nerves can be a factor when testifying. He stated that even professionals feel nervous when testifying, and many times not under such scrutiny as in this matter. 'The court relied on parts of the witness's testimony for judgment. Taking it all into account, the witness testified honestly. She made huge sacrifices, especially when it comes to her family. Her whole life has been uprooted, and she was placed in witness protection,' van Tonder submitted. He said when she decided to testify, she took the investigating officer and her legal counsel into her confidence. Jacquen Appollis, Steveno van Rhyn and Kelly Smith were sentenced in May. Image: Robin-Lee Francke/IOL 'Yes, her previous statements were scrutinised, but at that time, it was very close in time to when the incident took place. At the time, she still accepted the agreement of R1,000 payment for her silence. She was also still using tik (methamphetamine) on a daily basis. But, as time went on, her conscious got the better of her and she wanted to tell the truth,' van Tonder submitted. He told the court his client admitted that there were untruths and she had much to lose as she knows the that her possible immunity from prosecution would have incentivised her to be honest. 'The court must have found some part or type of reliance to in her testimony to find its judgment. The testimony of Ms Lombaard did, in fact, help the state. The court ruled that it found sufficient corroboration for the reliability of the witness' testimony, which was also supported by circumstantial evidence,' van Tonder submitted. Lombaard's testimony blew the case right open and sent shockwaves through the courtroom when she revealed that Joshlin had been sold for R20,000. While her testimony was filled with some holes and questionable actions, it helped the State secure both the conviction and sentence in this landmark case. Investigating officer, Captain Wesley Lombard, interviewed Lombaard when she decided to 'tell the truth' regarding Joshlin's disappearance. Image: Robin-Lee Francke/IOL During the trial, the court heard Kelly had a violent streak, Lombaard also confirmed the group's excessive drug use. Lombaard testified how Kelly received a call and spoke English during it, thereafter she told Boeta how someone 'wanted Joshlin', but he was not willing to listen at the time. The court further heard that on Sunday, February 18, 2024, Kelly took Joshlin and went to the roadway and met with a woman who alighted from a white VW Polo, this woman, she assumed to be a sangoma who had white spots in her face and was dressed in a green blouse, skirt and doek (headscarf). Lombaard stated she watched the scenario play out from behind the boulders in Middelpos. Kelly was handed something by the woman, which she stuck into the front of her pants.
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The South African
05-06-2025
- The South African
Joslin Smith witness: Immunity or Jail? [video]
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. Read the full version of the ' Will Joslin Smith state witness get indemnity or face JAIL?' article. 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. Looking for quick updates? Watch News in a Minute videos on The South African's YouTube page for all the key stories you need to know! Catch all the latest videos on news, lifestyle, travel, sports and more – there's always something to watch! Follow us on Facebook, Instagram, and BlueSky to stay connected and get your news on the go!
