After five weeks of testimony, cross-examination, and argument, Judge Nathan Erasmus is expected to deliver judgment today in the highly publicised case involving the disappearance of six-year-old Joshlin Smith from the Middelpos informal settlement in Saldanha Bay.
What to expect from the Joshlin Smith trial on Day 36
The Western Cape High Court will reconvene at the White City Multipurpose Centre, where a large public turnout is anticipated following the judge’s announcement on Day 35.
Erasmus stated that while politicians may attend, seating arrangements will prioritise the accused and the families involved.
“There will be logistical arrangements, especially if the court is full,” he said, confirming that no special treatment will be afforded to public figures.
With judgment set to be handed down, the spotlight falls on whether the court will find Kelly Smith, her boyfriend Jacquen “Boeta” Appollis, and friend Steveno “Steffie” van Rhyn guilty of kidnapping and human trafficking.
All three have pleaded not guilty.
Readers can follow the live trial coverage today as the courtroom battle intensifies.
Recap of Day 35: Key testimonies and new revelations
Day 35 was dominated by closing arguments from the defence and prosecution, with the credibility of State witness Lourentia Lombaard receiving considerable focus.
Advocate Nobahle Mkabayi, representing Steveno van Rhyn, launched a scathing critique of Lombaard’s testimony, questioning her claims under cross-examination and asserting that much of her version was speculative.
She argued that Lombaard’s timeline and account of a money-splitting discussion involving Kelly, Appollis, and others had shifted, and lacked a firm evidential basis.
“When you traffick, you don’t traffick alone. Who is the other person?” she asked.
Defence lawyer Rinesh Sivnarain, representing Kelly Smith, followed suit, labelling Lombaard a habitual methamphetamine user who manipulated her situation to avoid jail time.
“She admitted she was promised money by Kelly. She went along with that. But when she realised the money wasn’t coming and she was going to prison, she turned,” he said.
Sivnarain also dismissed Lombaard’s claim that she overheard Kelly planning to sell Joshlin through a broken window, calling it fabricated. “She couldn’t have heard it. That story was made up.”
State prosecutor Advocate Zelda Swanepoel acknowledged Lombaard’s flaws but maintained her testimony formed part of a broader evidentiary puzzle.
“Three people knew the plan, and they all pointed fingers at Kelly,” Swanepoel said.
She also defended witness Steven Coetzee’s account of Kelly saying Middelpos would become “like a movie,” asserting, “There is no way that he made this up.”
Judge Erasmus ended the day with a reminder:
“This case is not about where Joshlin is. It’s about the accused being charged with criminal offences, and the State bears the onus to prove that.”