Joshlin Smith trial Day 1: Packed ‘community court’ hears first testimony

The wheels of justice are finally in motion for little Joshlin Smith, as the much-anticipated abduction and human-trafficking trial of the Saldanha girl’s disappearance case started on Monday in the West Coast town of Saldanha.

The little green-eyed girl with the sunny smile tragically vanished more than a year ago, on 19 February 2024, from the Middelpos informal settlement in Diazville, near Saldanha Bay.

An extensive search, which has extended as far as the United Kingdom (UK) alongside Interpol, was launched to locate the Diazville Primary pupil who turned seven in October 2024.

Joshlin Smith trial Day 1: Community members flock to court

Scores of community members descended upon the White City Multipurpose Centre in Saldanha Bay, where Joshlin’s mother, Racquel “Kelly” Smith; her boyfriend, Jacquen “Boeta” Appollis; and Steveno van Rhyn are facing charges of abduction and trafficking in persons for exploitation.

The matter is a circuit sitting of the Western Cape High Court to accommodate the residents who tirelessly searched for Joshlin for months’ on end.

State claims Mom Kelly was ‘mastermind’

During Smith, Appollis and Van Rhyn’s first court appearance on 7 March 2024, Senior State Advocate Aradhana Heeramun alleged that Smith instructed Appollis and Van Rhyn to sell Joshlin for R20 000.

The two men apparently made this confession after a 36-hour interrogation at the Saldanha Police Station.

According to the High Court indictment, the prosecution claims that Joshlin’s disappearance was planned by her mother as far back as August 2023.

In its summary of substantial facts, the state alleges Smith was the mastermind behind the accused’s alleged sale of Joshlin.

The state alleges the child’s mother was handed something by an unknown woman in a white car on 18 February. The trio allegedly then discussed how to split the money. The next day the mother and daughter – with a bag of clothes – got into the white vehicle and drove away.

Trio pleads not guilty

Along with her two co-accused, a heavily pregnant Smith pleaded not guilty to the charges during her appearance at the packed court.

The night Joshlin Smith disappeared: Cop testifies of Kelly’s search for Boeta

The state hit the ground running on Monday in calling its first witness to testify before Judge Nathan Erasmus.

According to Constable Yanga Gongotha’s testimony on Day 1 of the trial, Smith was more worried about the whereabouts of her boyfriend than that of her missing little girl.

Gongotha ​​testified that he and his colleague were on patrol on the evening of 19 February 2024 when a missing child complaint was broadcast.

They drove to Middelpos where they were stopped by two women who emerged from a house where music was playing and people had gathered.

One of the women was Smith, who informed them that her daughter and boyfriend (Appollis) were both missing.

She claimed that she had left Joshlin in the care of Appollis, but could not find him anywhere when she arrived home after she spent the day doing an odd domestic job.

Kelly Smith ‘scolded’ for leaving Joshlin in care of boyfriend

The constable told the circuit court that their search for Joshlin and Appollis took them to several houses in Diazville, as well as Smith and Appollis’s hut in the Middelpos informal settlement.

One of the houses was that of Appollis’s parents, who told them that he no longer lived there and only came to the house to eat.

They also went to the house of an elderly woman who was known to Smith and believed to be her aunt.

Gongotha testified that he could clearly see that the woman was not happy when she heard that Smith had left Joshlin in Appollis’s care. She allegedly scolded Smith for her actions.

The police officer said they further inquired about Joshlin’s friends and places she usually played.

They then took Smith to the house of children who Joshlin usually played with, but it was in vain as no one had seen her.

‘Most important thing was the boyfriend’

When asked to explain the demeanour of Joshlin’s mother, the officer said: “As we were walking, she did not appear to look worried about her missing child.

“The most important thing for her was the boyfriend, not the child. She showed no emotion. She spoke more about the boyfriend than the child”.

Smoking in hut with no sign of Joshlin

At the third house in Talmakkies Single in Diazville, they found Appollis smoking in a hut with some other people.

Gongotha ​claimed in his testimony that Smith, who previously confessed to being a tik (crystal meth) user, immediately seemed less anxious when she saw Appollis.

He added that although she told him and his colleague that she left Joshlin in her boyfriend’s care, she allegedly did not bother to ask him where her child was.

The matter adjourned and cross-examination of the police officer will take place on Tuesday.

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