Saldanha Bay – The Western Cape High Court, sitting at the White City Multipurpose Centre in Saldanha Bay, continues to hear evidence in the case of missing Joshlin Smith, with her mother, Kelly Smith, her boyfriend Jacquen ‘Boeta’ Appollis, and their friend Steveno van Rhyn accused of kidnapping and human trafficking.
The trial took a turn on Tuesday as the State called its second witness, Constable Luzuko Kobese, one of the first responders to the report of a missing child on Monday, 19 February. Constable Kobese was also the officer who took the initial statement from Kelly Smith, a statement that has now been revealed to contain inconsistencies.
Kelly Smith had originally told police that she only discovered Joshlin was missing upon returning home from work at 5pm. However, in her official statement, which has been submitted as evidence, she offered a different timeline.
The statement, now in the possession of the news crew, reveals that Kelly Smith claimed: “At about 1.50pm, I returned home from work. My boyfriend, Jacquen, was not at the home, and I only found two children. I asked them where Joshlin was, and they said they didn’t know. I went out to look for her, and the father was also looking for the child.”
In her statement, Kelly provided a description of what Joshlin was wearing at the time of her disappearance and stated that police had advised her to open an inquiry for a missing person. “It is the first time she hasn’t come back home even if she’s playing,” the statement read.
State Prosecutor Advocate Aradhan Heeramun confirmed with Constable Kobese that Kelly Smith had signed the statement after understanding its contents. Kobese confirmed this to be true.
Advocate Heeramun then questioned Constable Kobese about the demeanour of Jacquen 'Boeta' Appollis during this period. Kobese testified that "Boeta appeared like one under pressure and refused to answer the police’s questions”.
Further probing by Advocate Heeramun focused on Kelly Smith's behaviour as Constable Kobese took her statement outside her home. Kobese told the court: “She appeared calm. Willing to give answers, but at some points she appeared to become hesitant at some questions. During the statement, the questions posed put her under pressure and even more so, when bystanders asked her if the child was still alive. She was hesitant to answer."
Constable Kobese also revealed that, due to the hostile environment created by residents who were "screaming at her," he asked Kelly if she was willing to sleep at home that night. When she declined, he took her to a relative’s house for her safety.
According to Constable Kobese, after the statement was completed and the questioning from bystanders ceased, "Kelly was back to being calm and could even speak properly now."
The discrepancies in Kelly Smith's initial account of the events surrounding Joshlin's disappearance are likely to be a key focus as the trial progresses. The court will need to weigh the evidence presented and assess the credibility of the witnesses as it seeks to uncover the truth behind Joshlin Smith's disappearance and determine the culpability of the accused. The trial continues to draw significant public interest, with many hoping for a resolution that will bring closure to this tragic case.
