Latest news with #LourentiaLombaard
The Herald
5 days ago
- The Herald
State witness in Joshlin Smith case granted prosecutorial immunity
The Western Cape high court on Wednesday granted full indemnity from prosecution to Lourentia 'Renz' Lombaard, the former accused who turned state witness in the Joshlin Smith case. 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. TimesLIVE
IOL News
7 days ago
- IOL News
The handling of the Joshlin Smith trial came under a fierce attack from the defence
The Western Cape High Court heard a plea for indemnity from Lourentia Lombaard's lawyer in the Joshlin Smith trial. The lawyer for Lombaard, former accused turned State witness, Advocate Eben van Tonder, urged the Western Cape High Court to exempt his client from any punishment. Image: Armand Hough / Independent Media The appeal of the convicted kidnappers in the Joshlin Smith case exploded into a fierce attack on the Western Cape High Court's handling of the trial, with defence lawyers accusing the State of trampling constitutional rights, hiding crucial evidence, and relying on coerced confessions. Advocate Nobahle Mkabayi, who represents Steveno 'Steffie' van Rhyn, came out swinging, telling the bench her client was unlawfully detained for more than 48 hours before his first court appearance on March 7, 2024, a direct breach of his rights. 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 ✕ 'This case was compromised from the start,' she said. 'We appeared in court on 31 January 2021 bare-handed and clueless, without the contents of the docket. The State knew the attorneys, but details were never furnished before the pre-trial.' the defence received the docket only two weeks before the trial, and even then, it was incomplete. 'We had to climb the mountain of fetching the contents ourselves. It is unconstitutional to shift that duty to the defence,' she said, adding that the limited preparation time made it impossible to consult witnesses, strategise, or fully assess video evidence. Mkabayi accused the police of arresting her client without a warrant and subjecting him to torture. the first doctor to examine him did not rule out that his injuries were consistent with abuse, she said. 'Yet Captain Philip Seekoei still took a confession from him. Any statement from a tortured person is inadmissible, a bleeding man has no will,' she told the court. She said officers failed to inform her client of his rights to remain silent, to legal representation, and not to incriminate himself. She also blasted the trial court for failing to make a clear ruling on the admissibility of the confession after a trial-within-a-trial. 'This confession was not made freely or voluntarily. Suffocation was used,' she said. Moments later, Mkabayi told the court she was unwell, and proceedings paused. Advocate Fanie Harmse, representing Jacquen 'Boeta' Appollis, then aimed at the credibility of the State's star witness, Section 204 accomplice Lourentia 'Renz' Lombaard. He said even she testified that Appollis wanted nothing to do with the alleged plot to sell Joshlin. Harmse questioned why another alleged suspect, Phumza 'Maka Lima' Sigaqa, was never charged despite evidence suggesting Joshlin may have been taken to her house. He argued Appollis's statement to police was coerced, citing a video showing him limping and medical notes from Sergeant Fortuin recording fresh injuries on March 6, 2024. 'Those injuries cannot be wished away,' he said. In the same proceedings, Advocate Eben van Tonder, representing Lombaard, defended her credibility and argued that she had testified truthfully throughout the trial. Van Tonder noted that the Western Cape High Court had found 'sufficient corroboration for the reliability' of Lombaard's testimony, supported by both direct and circumstantial evidence. He stressed that, despite defence claims that she was unreliable, the court appeared to have relied on her account when reaching its judgment. Taking the 'totality of the evidence and surrounding circumstances' into account, Van Tonder said the witness had been honest. He added that she had made 'huge personal sacrifices' in her life, uprooting herself and her children to enter witness protection. 'She has much to lose,' Van Tonder argued. 'She knows her possible immunity from prosecution will be jeopardised if she is dishonest to the court. This in itself incentivised her to be truthful.' He submitted that she qualified for full immunity under Section 204 of the Criminal Procedure Act on all counts in the indictment and any competent verdicts arising from it. Joshlin vanished from her Middelpos home in Saldanha Bay on February 19, 2024. Her mother, Racquel 'Kelly' Smith, Appollis, and Van Rhyn were later convicted of kidnapping and human trafficking, each receiving life sentences. The appeal continues on Wednesday morning.
IOL News
7 days ago
- IOL News
Defence launches fierce attack on trial handling in Joshlin Smith case
The Western Cape High Court heard a plea for indemnity from Lourentia Lombaard's lawyer in the Joshlin Smith trial. The lawyer for Lombaard, former accused turned State witness, Advocate Eben van Tonder, urged the Western Cape High Court to exempt his client from any punishment. Image: Armand Hough / Independent Media The appeal of the convicted kidnappers in the Joshlin Smith case exploded into a fierce attack on the Western Cape High Court's handling of the trial, with defence lawyers accusing the State of trampling constitutional rights, hiding crucial evidence, and relying on coerced confessions. Advocate Nobahle Mkabayi, who represents Steveno 'Steffie' van Rhyn, came out swinging, telling the bench her client was unlawfully detained for more than 48 hours before his first court appearance on March 7, 2024, a direct breach of his rights. 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 ✕ 'This case was compromised from the start,' she said. 'We appeared in court on 31 January 2021 bare-handed and clueless, without the contents of the docket. The State knew the attorneys, but details were never furnished before the pre-trial.' the defence received the docket only two weeks before the trial, and even then, it was incomplete. 'We had to climb the mountain of fetching the contents ourselves. It is unconstitutional to shift that duty to the defence,' she said, adding that the limited preparation time made it impossible to consult witnesses, strategise, or fully assess video evidence. Mkabayi accused the police of arresting her client without a warrant and subjecting him to torture. the first doctor to examine him did not rule out that his injuries were consistent with abuse, she said. 'Yet Captain Philip Seekoei still took a confession from him. Any statement from a tortured person is inadmissible, a bleeding man has no will,' she told the court. She said officers failed to inform her client of his rights to remain silent, to legal representation, and not to incriminate himself. She also blasted the trial court for failing to make a clear ruling on the admissibility of the confession after a trial-within-a-trial. 'This confession was not made freely or voluntarily. Suffocation was used,' she said. Moments later, Mkabayi told the court she was unwell, and proceedings paused. Advocate Fanie Harmse, representing Jacquen 'Boeta' Appollis, then aimed at the credibility of the State's star witness, Section 204 accomplice Lourentia 'Renz' Lombaard. He said even she testified that Appollis wanted nothing to do with the alleged plot to sell Joshlin. Harmse questioned why another alleged suspect, Phumza 'Maka Lima' Sigaqa, was never charged despite evidence suggesting Joshlin may have been taken to her house. He argued Appollis's statement to police was coerced, citing video showing him limping and medical notes from Sergeant Fortuin recording fresh injuries on March 6, 2024. 'Those injuries cannot be wished away,' he said. In the same proceedings, Advocate Eben van Tonder, representing Lombaard, defended her credibility and argued that she had testified truthfully throughout the trial. Van Tonder noted that the Western Cape High Court had found 'sufficient corroboration for the reliability' of Lombaard's testimony, supported by both direct and circumstantial evidence. He stressed that, despite defence claims that she was unreliable, the court appeared to have relied on her account when reaching its judgment. Taking the 'totality of the evidence and surrounding circumstances' into account, Van Tonder said the witness had been honest. He added that she had made 'huge personal sacrifices' in her life, uprooting herself and her children to enter witness protection. 'She has much to lose,' Van Tonder argued. 'She knows her possible immunity from prosecution will be jeopardised if she is dishonest to the court. This in itself incentivised her to be truthful.' He submitted that she qualified for full immunity under Section 204 of the Criminal Procedure Act on all counts in the indictment and any competent verdicts arising from it. Joshlin vanished from her Middelpos home in Saldanha Bay on February 19, 2024. Her mother, Racquel 'Kelly' Smith, Appollis, and Van Rhyn were later convicted of kidnapping and human trafficking, each receiving life sentences. The appeal continues on Wednesday morning.
