Jacquen Appollis, Steveno van Rhyn and Kelly Smith appeared before Judge Nathan Erasmus in the White City Multipurpose Centre in Saldanha Bay, in connection with the disappearance of Joshlin Smith.
Image: Ayanda Ndamane / Independent Newspapers
Robin-Lee Francke
THE first police officer involved in the search for Joshlin Smith in Saldanha has detailed how the child’s mother Kelly Smith did not appear too concerned about her whereabouts when they were driving around the area in attempts to locate the little girl.
Joshlin disappeared on February 19, 2024. She was last seen after 5pm. At the time of her disappearance, Joshlin was said to have been left in the care of her mother’s boyfriend Jacquen Appollis.
Smith, Appollis and Steveno van Rhyn appeared before Judge Nathan Erasmus charged with human trafficking in persons and kidnapping. The accused all pleaded not guilty during proceedings.
During the first day of the trial in Saldanha on Monday, the State’s first witness Constable Yanga Gongotha, explained how Joshlin's mother was more concerned about her boyfriend, than her daughter’s disappearance.
Gongotha was attached to the visible policing unit when he was the officer flagged down when the girl disappeared.
They responded to Middelpos after receiving a complaint about a missing child.
When he arrived in the area, a woman, later to be identified as Kelly Smith, explained she could not find her child.
"When we arrived at the place, two women stopped us. One was Xhosa and the other Coloured. They were a distance from us and it appeared they were having a good time. She said when she came home from work, her child was missing."
Judge Erasmus asked Gongotha to elaborate on 'good time', to which the witness responded by saying the house they came from was playing music and lots of people were inside.
Asked to explain Kelly's demeanour, Gongotha said: "As we were walking. She did not appear to look worried about her missing child.
"The most important thing for her was the boyfriend, not the child. She showed no emotion. She spoke more about the boyfriend than the child".
He further testified how they drove around in the informal settlement and continued asking around about Joshlin when load shedding struck at 10pm.
Gongotha said they went all over and everywhere seemed to be a dead end. Eventually, with Smith still accompanying the officers, they managed to track down 'Boeta'.
"When Kelly saw Boeta, she went to him. She appeared more concerned about Boeta than Joshlin. She asked Boeta about the gas he had to fill during the day. She was at ease when she saw Boeta. At that stage, she had not asked him about Joshlin," Gongotha said.
"While she was talking I intervened and asked him when last he saw the child. He said he and his friends were smoking at the house during the day before the child disappeared."
The matter adjourned to Tuesday, with Gongotha expected to be cross-examined.
Earlier Van Rhyn’s legal representative Nobahle Mkabayi told the judge there was an issue she intended bringing to his attention relating to her client.
She stated Van Rhyn, who is being held at Malmesbury Prison, was seeking to be moved within the facility.
He no longer wanted to be housed in a single cell and prefers to be among the general population.
This did not bode well with Judge Erasmus as the legal representative could not bring him sufficient evidence or research of the Old Malmesbury Prison where her client is being held.
However, she will formally bring forth an application on the matter to the court when the trial resumes Tuesday.
Van Rhyn and Appolis are being held at Malmesbury Prison, while Smith is being detained at the Langebaan SAPS for the duration of the trial.
Cape Times
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