Kelly Smith is alleged to have taken more concern about the whereabouts of her boyfriend, Boeta, than of Joshlin.
Image: Ayanda Ndamane/Independent Newspapers
During the first day of the Joshlin Smith trial in Saldanha in the Western Cape, the State’s first witness explained how her mother was more concerned about her boyfriend, than her daughter’s disappearance.
Residents came out in their numbers to attend the proceedings — a first of its kind in the White City Multipurpose Centre area.
Jacquen Appollis, Steveno van Rhyn and Kelly Smith appeared before Judge Nathan Erasmus.
The trio face charges of human trafficking in persons and kidnapping.
Entering the centre, the trio looked healthy and seemed to be in a cheerful mood. They were not in handcuffs while being escorted by the police.
There was a heavy police presence inside and outside the centre, as proceedings began.
The accused all boldly pleaded not guilty during proceedings.
Joshlin disappeared on February 19, 2024. She was last seen after 5pm.
It is alleged Joshlin was left in the care of Appollis, who is her mother’s boyfriend.
All legal counsels were asked if they had any issues and Nobahle Mkabayi, for Van Rhyn, told the court her client had a grievance.
She stated Van Rhyn, who is being held at Malmesbury Prison, was seeking to be moved within the facility.
He does not want to be housed in a single cell and wants 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 on Tuesday.
Van Rhyn and Appolis are being held at Malmesbury Prison, while Kelly, is being detained at the Langebaan SAPS for the duration of the trial.
The State called its first witness Constable Yanga Gongotha, who at the time of Joshlin's disappearance was attached to the visible policing unit, explained he was the officer flagged down when the green-eyed girl disappeared.
He said they responded to Middelpos after receiving a complaint about a missing child.
When he got to the area, a woman, later to be identified as Kelly Smith (Joshlin's mother) explained she could not find her child.
"When we arrived at the place, two women stopped us. One was Xhosa and the other Coloured," he told the court.
"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 Nathan Erasmus asked the witness to elaborate on 'good time', and he said the house they came from was playing music and lots of people were inside.
When 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 Kelly 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 and cross-examination of the police officer will take place on Tuesday.
robin.francke@iol.co.za
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