TWO months after beginning with trial proceedings for the missing 6-year-old Joshlin Smith, Judge Nathan Erasmus delivered his judgment in the matter on Friday at the White City Multipurpose Centre in Diazville, Saldanha Bay..
The three accused in the matter that is under the jurisdiction of the Western Cape High Court, were convicted on the kidnapping and human trafficking related charges they faced.
The accused were Joshlin’s mother, Racquel ‘Kelly’ Smith, who turned 33 yesterday (May 1), her boyfriend Jacquen ‘Boeta’ Appollis (31) and their 27-year-old friend Steveno ‘Steffie’ van Rhyn .
Joshlin was reported missing on February 19, 2024 from her Middelpos, Saldanha Bay home and was said to have been in the care of Appollis at the time.
Judge Erasmus was satisfied that the State, led by prosecutor Advocate Zelda Swanepoel, had proven their case, and when he delivered the guilty verdict for all three accused, it drew a loud round of applause and roars of approval from those in the gallery.
He took time while delivering his judgment to appreciate community members, especially those who prayed daily at the venue over the court proceedings.
Erasmus also acknowledged the authorities who supported the lawful change of venue for the trial in a matter with serious allegations and deep community involvement.
The judge reminded the court of the central charge, and said: “The case relates to the events that occurred between February 18 and 19, 2024, in Middelpos. Joshlin, who was six years old at the time and born on October 23, 2017, is believed to have been trafficked. The charges are brought under Section 4 of the Prevention and Combating of Trafficking in Persons Act.”
While the the verdict was largely well-received by Joshlin’s family and community members, they regarded it as a hollow victory.
Joshlin’s paternal grandmother Rita Yon said in a TV interview that she was “satisfied with Judge Erasmus’ judgement”, but felt that Kelly needed to “come clean” about the child’s whereabouts.
“I feel good about the verdict but Joshlin is missing. Kelly has not told us where Joshlin is, she must tell us where the child is.
“That is heartbreaking for me,” said Yon.
Many Saldanha residents agreed that a measure of justice has been served, and that the matter drew further attention to how unsafe women and children were in South Africa.
Western Cape Police Commissioner Thembisile Patekile said in a media interview afterwards that the Joshlin Smith case was not yet closed.
“I’m happy with the judgment. We knew that our investigating and presiding team put up a case and it was up to the judge to make a determination.”
However, Patekile said the grim reality was that Joshlin was not yet found, the SAPS’ net was cast far and wide and they appealed to everyone who could, to assist.
“Our net has been cast worldwide. On one occasion we stopped a vessel in Great Britain to search it for three days, but nothing came of it.
“We are hoping that we will get closure.”
About allegations that the child was sold to a sangoma, Patekile reiterated that the case was not closed and they hoped that Kelly Smith would have taken the stand during the trial so that they could hear the “who, where and what, where is Joshlin now”.
“Unfortunately, we did not get that opportunity. She chose to exercise her right to remain silent. But we will continue. She is in prison and in our custody, so we will continue to investigate,” Patekile promised.
Celeste Louw from Tears Foundation, an organisation that provides access to free crisis intervention, advocacy, counselling and prevention education services for those impacted by domestic violence and sexual abuse, said Joshlin’s matter served as the identity for all other children that were being let down and trafficked.
“It shows how vulnerable all our children are and poverty is a driver in this case. What are we doing about this,” asked Louw.
Additional reporting, Mandilakhe Tshwete
DAILY NEWS
