The remaining defence attorneys in the Joshlin Smith trial are scheduled to deliver their closing arguments at the Western Cape High Court on Wednesday morning.
Next to address the court will be Nobahle Mkabayi, representing Steveno van Rhyn, followed by Rinesh Sivnarain, who acts for Racquel Kelly Smith.
Tuesday’s proceedings concluded with advocate Fanie Harmse, appearing on behalf of Jacquen “Boeta” Appollis (Accused 1), delivering a strong challenge to the credibility of State witness Lourentia “Renz” Lombaard. Her testimony, delivered under Section 204, has been pivotal to the prosecution’s case.
Lombaard, who initially faced charges before turning State witness in exchange for possible indemnity, implicated all three remaining accused – Appollis, Van Rhyn (Accused 2), and Kelly (Accused 3) – in an alleged plot to sell Joshlin for exploitation.
However, Harmse contended that Lombaard’s account was fraught with “material contradictions” and therefore unreliable.
Harmse highlighted inconsistencies between Lombaard’s Section 204 statement, her confession and her evidence in chief, particularly concerning the timeline of a key conversation she claimed to have overheard between Kelly and Appollis. In earlier versions, the discussion allegedly took place on Sunday, 18 February 2024, but she later testified that it occurred on the morning of 19 February – the day Joshlin disappeared.
“That is a material discrepancy,” Harmse told the court.
He further noted contradictions about when and how Joshlin was allegedly taken to a white VW Polo by Kelly. In her Section 204 statement and confession, Lombaard claimed the event occurred around lunchtime on 19 February, but her courtroom testimony differed and was subsequently “corrected” during proceedings.
Harmse argued the contradictions were not minor, but “mutually exclusive,” stating, “They can’t both be true.”
Judge Nathan Erasmus weighed in, acknowledging that there were “significant issues with consistency” in Lombaard’s account. However, he also noted that the accused had elected not to testify to refute the allegations.
The State, led by advocate Zelda Swanepoel, maintained that Lombaard’s evidence remained credible in substance, despite some inconsistencies in detail.
Closing arguments from the defence teams of Van Rhyn and Smith are expected to follow.
Judge Erasmus indicated he may be ready to deliver judgment by Friday.
