The Joshlin Smith trial enters its 13th day today, with tensions running high after a day of intense cross-examinations.
What to expect from the Joshlin Smith trial on Day 13
On Day 12, defence lawyers aggressively challenged key witnesses, focusing on inconsistencies in their statements in an effort to weaken the prosecution’s case.
The cross-examination of State witness Lourentia Lombaard is expected to continue today, with the defence pressing her on timeline discrepancies and her past drug use to question her reliability.
Additionally, the court is set to analyse a statement from detective Kholekile Donnie Ngoma, which could play a crucial role in determining the accuracy of Lombaard’s testimony.
Readers can follow the live trial coverage today as the courtroom battle intensifies.
Recap of Day 12: Key testimonies and new revelations
Defence Challenges the Protected Witness’s Testimony
The day began with Advocate Nobahle Mkabayi, representing Steveno van Rhyn, aggressively cross-examining the protected witness who previously testified about seeing Kelly Smith and Jacquen Appollis arguing the night before Joshlin disappeared.
Mkabayi highlighted a change in the witness’s timeline, pointing out that her original statement in January 2025 stated she learned about Joshlin’s disappearance on Monday, 19 February 2024. However, by a later statement, this was amended to Tuesday, 20 February 2024.
When asked why she had not corrected this earlier, the witness explained that she had been exhausted when reviewing her statement and may have overlooked the discrepancy.
Mkabayi also attempted to discredit the witness’s location at the time of the argument, arguing that she could not have been walking when she saw Kelly and Jacquen arguing. The witness stood firm, insisting she was on her way to a hair salon at the time.
At one point, the judge intervened, overruling several of Mkabayi’s questions, leading to a heated exchange between them.
When Kelly Smith’s lawyer took over the cross-examination, the focus shifted to the distance between the witness and the argument. While the witness could not give an exact measurement, the judge clarified that she was 64 meters away from Kelly’s house when she observed the confrontation.
The defence also pointed out that Kelly denies ever arguing with Jacquen that day or dragging Joshlin inside, further questioning the credibility of the witness’s account.
Lourentia Lombaard Faces Tough Cross-Examination
After the protected witness stepped down, the State’s key witness, Lourentia Lombaard, returned to the stand for questioning by Jacquen Appollis’s lawyer, Advocate Fannie Harmse.
The defence immediately introduced Lombaard’s confession, having her confirm that it was read back to her after she made it.
The questioning then turned to minor inconsistencies in her personal details, such as an incorrect statement about her education level. Lombaard admitted she had mistakenly written Standard 7 (Grade 9) instead of Grade 7 on her original statement.
Defence Highlights Drug Use and Timeline Issues
Defence lawyers also focused on Lombaard’s past drug use, attempting to establish her reliability as a witness.
She admitted to smoking tik up to three times a day when her boyfriend, Ayanda, gave her money. However, she insisted that her drug use was inconsistent, as she did not always have access to the drug.
The defence pressed her on the timeline of events from Sunday, 18 February 2024, questioning how she could be certain of specific times.
Lombaard explained that Ayanda’s coworkers at a car wash had told him what time they arrived that morning, helping her estimate her movements. However, she admitted that her claim of leaving home at 07:45 was her own estimation.
Disputed Detective’s Statement Pauses Proceedings
A key moment in the cross-examination came when the defence attempted to challenge Lombaard’s claim that a local detective confronted Jacquen about stolen chickens on Sunday, 18 February.
The defence argued that this incident actually took place on Saturday, 17 February and that Jacquen had left with the detective in a bakkie that day.
Lombaard stood by her testimony, recalling that on Saturday, she had asked Ayanda for tik and visited Kelly’s house, where she was told Jacquen was not there because he had gone to a farm with friends. She remained adamant that the chicken theft confrontation occurred on Sunday morning.
To support their argument, the defense introduced a statement from detective Kholekile Donnie Ngoma, which contradicts Lombaard’s version of events.
The State immediately objected, arguing that if the statement was entered into evidence, Ngoma himself would need to testify.
Before the statement could be read into the record, the judge adjourned the session for the day, setting the stage for further analysis of the detective’s statement.