Joshlin Smith trial: Defence grills investigating officer

The cross-examination of lead investigator Captain Wesley Lombard in the disappearance of Joshlin Smith continued in the Western Cape High Court in Saldanha on Tuesday.

Joshlin disappeared from the family’s home in Saldanha Bay on 19 February 2024.

Joshlin’s mother Racquel “Kelly” Smith, her boyfriend Jacquen “Boeta” Appollis, and his friend Stevano van Rhyn have been arrested and charged with kidnapping and human trafficking.

They have pleaded not guilty to the charges.

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On Tuesday, Lombard’s cross-examination continued, where defence attorney Nobahle Mkabayi questioned the conduct of the investigating officers during Rhyn’s questioning.

Lombard was part of Rhyn’s interview but said he played a “minimal” role while his colleague led the proceedings.

Joshlin trial: Where are the questions and answers?

Mkabayi questioned why the original questions and answers were not submitted and if they had been written down at all.

“I did not write them down. I think the sergeant wrote them down because he had a clipboard with paper. I saw him writing, but I don’t know what he was writing,” conceded Lombard.

“But we were never furnished with the original interview. The only thing we have as far as the interview is concerned is only your affidavit and your evidence in chief.

“In your evidence in chief, you never explained before this court the questions that were put to my client and the answers that he gave,” commented Mkabayi.

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“I came, and the interview was done, where I questioned all the suspects. All the questions and answers are in my statement. I did not write anything down. The questions I asked him were specific and minimal,” continued Lombard.

‘No reason to lie’

However, Mkabayi was not convinced and insisted that her client’s initial questions and answers should have been submitted to the court.

“Without those questions and answers not presented before this court. Which guarantee does this court have confirming that this alleged interview took place?” she asked.

Lombard responded: “There’s no reason to lie about the questions being asked. The interview did take place. The questions that were asked and the responses received are mentioned in my statement.”

Mkabayi questioned why Lombard submitted his statement despite his minimal participation in her client’s interview.

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“Why is it that the sergeant played a major role in interviewing my client? Why was it you who filed an affidavit pertaining to the interview and not him?”

While Lombard admitted that the sergeant did not give a statement on the interview, he said the suspects confirmed all their answers with him. He then proceeded to produce his statement based on their confirmation of facts.

Lombard ‘instilled fear’

Mkabayi further told the court that Lombard’s line of questioning was meant to instil fear in Rhyn, forcing him to answer the officers’ questions.

She was referring to Lombard’s statement, in which he said: “We made it clear to Stevano that Boeta and Kelly are not protecting him.”

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“Why did you say this?” Mkabayi asked, to which Lombard replied: “It was our interview strategy.”

“You were instilling fear in my client. You were enticing him to implicate Appolis and Kelly. Can you dispute that?” retorted Mkabayi.

Lombard disputed Mkabayi’s statement.

He further said the strategy did work on Rhyn as he referred the police to Smith to answer the questions they were asking him.

“You’re telling the court that your strategy is the only thing that influenced my client to talk?” asked Mkabayi.

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“A strategy is not meant to force someone to speak. It just gives us direction on how to speak to the person to give information,” said Lombard.

However, Mkabayi insisted it was Lombard’s strategy that “unduly influenced” Rhyn to speak.

The trial continues.