Latest news with #Lombaard
Eyewitness News
02-05-2025
- Eyewitness News
Joshlin Smith trial: WC High Court to hand down judgement
Lombaard implicated Appollis and van Rhyn in Smith's alleged plot to sell Joshlin to a sangoma for R20,000 . However, the former accused buckled under cross-examination and often refused to answer questions during her testimony. The State showed the court how details in Lombaard's testimony, relating to the R20,000 for Joshlin, are corroborated in the confession statement of Appollis and the testimony of another State witness, Steven Coetzee. Prosecutor Zelda Swanepoel said the accused's decision not to testify could also prove pivotal to Judge Nathan Erasmus' ruling. Erasmus is expected to deliver his judgment.
IOL News
02-05-2025
- IOL News
Final verdict day for Joshlin Smith kidnapping accused
Western Cape High Court Judge Nathan Erasmus is set to deliver his judgment on the Joshlin trial matter. Image: . 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. . Racquel "Kelly" Smith. Image: Ayanada Nadame/Independent Newspapers 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. Jacquen "Boeta" Appollis Image: Ayanda Ndamane / Independent Newspapers '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. Steveno van Rhyn Image: Mandilakhe Tshwete/Independent Newspapers 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
Eyewitness News
01-05-2025
- Eyewitness News
Joshlin Smith trial: Kelly Smith's attorney believes State has weak case against her
Lombaard implicated Kelly Smith as the mastermind in a plot to sell Joshlin to a sangoma for R20,000. However, the former accused buckled under cross-examination and often refused to answer questions during her testimony. The State argued that details in Lombaard's testimony relating to the R20,000 for Joshlin are corroborated in the confession statement of Jacquen Appollis and the testimony of another State witness, Steven believes Smith still has a chance."Even if the court finds there's some kind of corroborating, I submit that even that does not prove the case against accused number three beyond a reasonable doubt." Presiding Judge Nathan Erasmus will take Thursday to decide on his ruling before delivering his judgment on Friday.
TimesLIVE
30-04-2025
- TimesLIVE
'Key state witness in Joshlin Smith trial is an opportunist', says defence
Raquel 'Kelly' Smith's defence attorney on Wednesday accused the state's key witness in her kidnapping and human trafficking trial of being an opportunist who 'only looked out for her own interest'. Attorney Rinesh Sivnarain told the Western Cape High Court sitting in Saldanha Bay Lourentia 'Renz' Lombaard — once good friends with his client — had used Smith to her advantage. Lombaard, a former co-accused in the case, became a section 204 witness — a person implicated in a crime but allowed to testify truthfully against other accused in exchange for indemnity from prosecution. Smith, her boyfriend Jacquin 'Boeta' Appollis and Steveno van Rhyn are accused of being behind the disappearance of six-year-old Joshlin Smith on February 19 2024. They pleaded not guilty. The court previously heard that of the three accused and Lombaard, Smith was the only one who worked to provide for her family and feed her and Appollis' drug addiction. Sivnarain said during Lombaard's cross-examination it emerged she often sustained her children by asking Smith for food. Lombaard, he argued, was an opportunist and only decided to tell the truth seven months after being arrested because she was expecting to be given money by Smith which she had agreed to. 'When Lombaard made these confessions she expected to receive some benefit and therefore only looked out for her own interest,' said Sivnarian. Lombaard had 'thrown Smith under the bus' to save herself and had many opportunities to come clean about the truth but continued to lie 'even when given her last opportunity'. Prosecutor Zelda Swanepoel said during her closing arguments on Tuesday that despite discrepancies in Lombaard's evidence, she was a credible witness. 'The most reliable and most important corroboration for Lombaard's testimony is that of [another witness Nico] Coetzee.' Swanepoel said Coetzee specifically referred to R20,000. Lombaard testified overhearing Smith tell Appollis, ' Hier is die geld wat ek by die sangoma gekry het [here is the money I got from the sangoma]'. Smith answered R20,000 when he asked how much. The court heard the same amount was mentioned in Appollis' and Van Rhyn's statements. However, Sivnarain argued that when Coetzee told his employers Tertia and Johan Kruger about the plan Smith had relayed to him, he only mentioned the plan, nothing about Joshlin being taken away.
IOL News
29-04-2025
- IOL News
Joshlin Smith trial: closing arguments uncover contradictions and tensions
Jacquen 'Boeta' Appollis, Steveno 'Steffie' van Rhyn and Racquel 'Kelly' Smith face kidnapping and human trafficking charges. Image: Mandilakhe Tshwete As the trial of Joshlin Smith edges toward its conclusion, closing arguments at the Western Cape High Court on Wednesday are poised to reveal further tensions and contradictions surrounding the shocking case. Following an intense day of confrontation between State prosecutor Advocate Zelda Swanepoel and defence counsel Fanie Harmse, representing Jacquen 'Boeta' Appollis, who is accused number one, the focus now shifts to the legal teams of Steveno van Rhyn who is accused number two and accused number three, Racquel 'Kelly' Smith. Judges are expected to deliberate on the matter and possibly deliver a verdict by Friday. The courtroom was filled with palpable tension as the prosecution and defence elaborated on the reliability of key State witness, Lourentia 'Renz' Lombaard, whose Section 204 testimony is central to the prosecution's case. Initially charged alongside the accused, Lombaard turned State witness, alleging that the three individuals conspired to sell six-year-old Joshlin Smith for R20,000. Joshlin's disappearance from her home in Middelpos, Saldanha Bay, on 19 February 2024 ignited a nationwide outcry and has left communities grappling with the dread of child exploitation. In his rebuttal, Advocate Harmse seized upon what he termed 'material contradictions' in Lombaard's testimony. A particular point of contention was an inconsistency regarding when Lombaard supposedly overheard a conversation between Boeta and Kelly concerning Joshlin. While initially claiming the conversation took place on 18 February, she later revised her account to the morning of the day Joshlin vanished. 'That is a material discrepancy,' Harmse asserted, further questioning Lombaard's credibility by highlighting inconsistencies in her various statements regarding the alleged abduction. Judge Nathan Erasmus acknowledged these concerns, noting that certain inconsistencies existed within Renz's statements in contrast to the evidence provided by the defence. 'There are significant issues with consistency,' he remarked, although he pointed out that the accused had opted not to testify, limiting their ability to provide a direct contradiction of Renz's narrative. Advocate Swanepoel remained steadfast in her position, countering the defence's claims by arguing that while minor discrepancies may exist, the essence of Renz's testimony held firm, corroborated by additional witnesses and physical evidence. She referred to Nico Steven Coetzee's testimony, where he recalled Lombaard's disclosure of a plan to sell Joshlin back in August 2023. Coetzee detailed the same R20,000 figure and motivations for the anticipated sale, elements that appeared to resonate throughout Lombaard's account and other evidence moments later. Evidence presented to the court included a video from social media, wherein van Rhyn described activities on the morning Joshlin disappeared, alleging that he, Kelly, and Lombaard had been smoking mandrax. This narrative mirrors Lombaard's version and was corroborated through multiple accounts, including van Rhyn's own statements. As closing arguments progressed, Harmse made a point by asserting that the two primary narratives—the one put forth by Renz and an extra-judicial statement from Appollis—are incompatible and 'cannot both be true.' Looking ahead, the courtroom is set to witness the defence strategies of van Rhyn and Kelly, who are expected to challenge the assertion by Swanepoel that they acted with shared intent and awareness of Joshlin's exploitation. Swanepoel has portrayed the case as a calculated conspiracy driven by financial desperation and a 'toxic relationship dynamic' between Kelly and Appollis. She believes that the contradictory accounts and refusal of the accused to testify only further indicate collective guilt, stating, 'The only reasonable inference is that Joshlin was sold for exploitation, and all three stood to benefit.' As anticipation builds, all eyes will be on Judge Erasmus, who gears up to issue a ruling that carries profound implications—both legally and emotionally—for the community, as they await closure on this distressing case. [email protected]
