The Joshlin Smith kidnapping trial took another dramatic turn on Tuesday as State witness Lourentia Lombaard testified about her friendship with the missing girl’s mother, Racquel ‘Kelly’ Smith.
Lombaard revealed that Kelly suspected her of having an affair with her boyfriend, Jacquen ‘Boeta’ Appollis, which caused tension between them before Joshlin’s disappearance.
Joshlin, 6, went missing from her Middelpos home in Saldanha Bay on February 19, 2024, while under the care of Appollis.
Kelly, Appollis, and their friend Steveno van Rhyn are now facing charges of kidnapping and human trafficking.
Lombaard, initially arrested alongside them, turned State witness and claimed that Kelly sold Joshlin to a sangoma for R20 000, promising her R1 000 and Van Rhyn R1 200 in exchange for their silence.
The witness has been on the stand at the Western Cape High Court sitting in the White City Multipurpose Centre in Diazville, since March 13, and it was expected that Tuesday would be the last day of the cross-examination, but she fell ill.
Before Kelly’s lawyer, Rinesh Sivnarain, could begin questioning, Judge Nathan Erasmus warned Lombaard that if she didn’t understand what the attorney would ask, she should indicate because if she didn’t, this could affect his decision at the end of the case and whether he should discharge her from the indemnity of prosecution.
“Kelly Smith faces life in prison if she is convicted of the charge of human trafficking. I don’t want you to panic about it. Listen, think. If you’re tired, say it.”
Sivnarain then asked Lombaard about her relationship with Kelly.
She described their bond as complicated, saying: “Kelly and I were close, we spoke about our personal lives. Sometimes she was nice, and at times she would be angry and shout at me. She was jealous of me because she thought that Boeta and I were having an affair behind her back.”
She also recalled an incident where Kelly accused her and Boeta of being too close.
“There was one day when I was smoking with them. I came to Kelly to ask for a lolly, she gave it to me, I put the tik in and smoked. Boeta was also in the room. Kelly said to Boeta he was not going to smoke with us. She said it was not a man’s company but a woman’s. Boeta became angry, Kelly swore at him. I said I was going to give it to him. She said: 'You know, this relationship is not a good one but a tik relationship'. After that, we became right again.”
Sivnarain pointed out that Kelly had told him they had a close friendship and always shared their money.
Lombaard agreed, saying: “Not always, but most of the time we had a good relationship.”
As Sivnarain pressed further, particularly regarding Lombaard’s confession to Captain Cilliers at Saldanha Bay police station in March 2024, the witness suddenly reported she was feeling dizzy. Court officials carried her out of the courtroom, and medical personnel arrived.
The beeping of a blood pressure monitor echoed through the courtroom, and it remains unclear if she will return to testify on Wednesday.
Earlier in the day, Van Rhyn’s lawyer, Nobahle Mkabayi, aggressively challenged Lombaard’s credibility, accusing her of falsely implicating Van Rhyn out of anger because he had informed the police about her boyfriend’s involvement.
Mkabayi asked: “You can’t say that he was part of the discussion if he didn’t bring any ideas or opinions.”
Lombaard insisted that Van Rhyn was involved, saying: “He was part of the discussion because he agreed that he would not say anything to the police and that we were not going to say anything.”
Mkabayi then accused her of misleading the court.
“I put it to you that you are lying in front of the court.”
Judge Erasmus stepped in to clarify the defence’s argument, stating: “You said you saw my client outside, you are misleading the court. I put it to you that it was not him. The reason you are implicating and dragging him in this case is because of what you said yesterday — you are angry at him for implicating Ayanda (Litoni).”
Lombaard stood firm, repeating: “Van Rhyn was there.”
Mkabayi also questioned Lombaard’s morality, confronting her with a difficult question.
“You made food for Joshlin. How did you look at her as you were making food, knowing she was your ticket to get R1 000?”
Lombaard had no answer, simply responding: “I don’t have an answer, my Lord.”
After more inconsistencies were revealed, Judge Erasmus remarked: “The longer I sit here, the more surprises I get.”
With Lombaard’s testimony now in question and her health uncertain, the trial is set to resume on Wednesday, possibly with new witnesses.