Latest news with #State204
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 Late last year, charges were withdrawn against Lombaard, who was granted provisional indemnity from criminal prosecution.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.
The South African
29-05-2025
- The South African
BREAKING: Joslin's traffickers sentenced to LIFE in prison
Convicted traffickers Kelly Smith, Jacquin 'Boeta' Appollis, and Steven van Rhyn have been sentenced to life in prison for child trafficking and ten years for kidnapping over the disappearance of Joslin Smith last yeat. The trio received the maximum sentence after their eight-week sentence wrapped up earlier this month. They will now return to Pollsmoor and given their right to apply for leave to appeal. On 19 February 2024, Joslin went missing from her tin shack in the Middelpos informal settlement in Diazville, Saldanha Bay. She is still missing. On Thursday, Judge Nathan Erasmus delivered his sentencing verdict in the Saldanha Bay Multipurpose Centre. Erasmus sentenced the trio to life in prison for child trafficking and imposed a ten-year sentence for kidnapping. The sentences will run concurrently. During the sentencing, Erasmus described Kelly Smith as being 'manipulative' and 'opportunistic'. Jacquin 'Boeta' Appollis was accused of lying during his statement to police. Meanwhile, Steveno van Rhyn, described as a 'menace to society', was cautioned over his lack of rehabilitation and 'poor attitude'. Erasmus said: 'There is nothing I can find that is redeeming than the harshest sentence', based on the 'severity of the crime involving a minor'. He ordered that the offender's names would be added to the Child Protection Register. Erasmus claims his sentence was based on the offender's circumstances, offence, the interest of the community, and the purpose of the sentence. He also focused on the possible rehabilitation of the offenders. Erasmus approached the sentence with 'mercy' and as a 'human being.' However, he added that a 'harsh' prison sentence was the 'only' measure he could see. Erasmus noted the impact the case had on the community, which was riddled with poverty, unemployment, and substance abuse, and also faced social development concerns. He stated that his duty was to protect the rights of children and vulnerable people. Judge Erasmus also revealed his decision on the fourth former accused, turned state witness, Lourentia Lombaard would be made on another court date. Lombaard – who is now a State 204 witness – has 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. During the sentencing proceedings this week, the court has heard the following; Human trafficking expert Marcel van der Watt shared his expert opinion that the trafficking of Joslin was planned and premeditated by her mother. He mentioned Kelly Smith's comments about wanting to sell her daughter months before. He also revealed that Kelly and her co-offender's decision not to testify in court suggested an 'unwillingness or inability to refute the allegations against them'. Probation officer Errol Daniel Pietersen's report on the accused painted a picture of their upbringing, behaviour, and role in society. Kelly was described as 'manipulative', while Steveno van Rhyn was portrayed as being troubled and a 'menace to society'. Jacquin 'Boeta' Apollis was the only one to show emotion and was painted as a quiet and respectable person. However, his drug addiction led him down the wrong path. Victim impact statement from Natasha Andrews, Joslin's 'foster mom'. In it, the Saldanha Bay woman, whose bid to adopt the little girl was halted, described her heartbreak over her disappearance. She also shared that Joslin was indeed loved and wanted by her family. An emotional statement from Kelly Smith's mother, Amanda Smith-Daniels. In it, Amanda accused her daughter of being manipulative, questioned her maternal instincts, and lamented her drug usage. The final arguments by the accused's legal representatives appealed for mitigation in sentencing, given the circumstances and backgrounds. State prosecutors also addressed the court, calling for the maximum sentence to be imposed. During the trial, the court heard several claims by witnesses about what possibly happened to Joslin Smith. Trafficked by a Nigerian. Joslin's Diazville Primary School teacher Edna Maart claimed that Kelly Smith had confided in her that her daughter had been trafficked and was en route to West Africa. Sold for R20 000 to a sangoma. According to state witness Lourentia Lombaard, Kelly allegedly brokered a deal with a sangoma to sell the child for R20 000. 'Hidden' in the informal settlement. Joslin's aunt – Kelly's half-sister Mickeyla Daniels claimed her sibling told her in a phone call: 'My child is in the squatter camp. Someone wanted to buy her, but Saldanha is 'too heated''. Bragging about offers to sell Joslin. According to local pastor Steven Coetzee, Kelly Smith bragged about allegedly receiving offers from undisclosed people who were interested in 'buying' her children. She also claimed that Joslin would make her 'famous' and that Saldanha Bay would look like a 'movie scene'. 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.
