The Joshlin Smith case continues in the Western Cape High Court today, where the second of two days of arguments for leave to appeal the convictions of Kelly Smith and her co-accused is underway. The court is also expected to decide whether the State’s key witness, Lourentia Lombaard, will be granted immunity from prosecution.
Recap of Day 1: Defence challenges court’s findings
On Monday, proceedings began with a delay over a legal complication involving Lombaard, a Section 204 witness – someone who testifies for the State in exchange for possible immunity from prosecution. Advocate Eben van Tonder was ordered by Judge Nathan Erasmus to represent her pro bono (without payment) to argue why she should receive immunity.
Van Tonder argued that despite contradictions in her earlier statements, Lombaard ultimately testified truthfully and that her account was backed by other witnesses. He said her earlier lies were due to loyalty to Kelly Smith, a promised payment for her silence, and drug use at the time.
Advocate Fannie Harmse, for accused Jacquen Appollis, then attacked the court’s handling of Appollis’s alleged confession, claiming it was coerced and that injuries he sustained were inflicted while in police custody. Judge Erasmus pushed back, questioning Appollis’s credibility and pointing out other evidence that supported the conviction.
Advocate Nobahle Mkabayi, representing accused Steveno van Rhyn, argued the trial was unfair due to delays in receiving the State’s case file, claims of torture during police interrogation, and what she said was a coerced confession. She accused the court of failing to explicitly rule on whether the confession was admissible.
What to expect on Day 2
Today, Mkabayi is set to wrap up her submissions before Advocate Rinesh Sivnarain takes the floor for Kelly Smith. Like the others, he is expected to argue that the court made errors in convicting his client.
Judge Erasmus has already shown displeasure with direct criticism of the court’s judgment, but he is duty-bound to hear all arguments before deciding.
Once all three defence lawyers have spoken, the State will respond. The State is expected to argue that the trial was fair, the evidence against the accused was strong, and that no legal errors were made.
Judge Erasmus is likely to deliver two rulings:
- Whether the convictions can be appealed.
- Whether Lombaard should receive immunity under Section 204.
The Joshlin Smith case involves the disappearance of the six-year-old from Saldanha Bay in February 2024. Smith, her boyfriend Appollis, and Van Rhyn were all convicted earlier this year of kidnapping and human trafficking.