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Joshlin Smith Trial: Mom and Boyfriend Dispute Police Testimony on Day 2

By
Karabo Makodi
Published: 5 March 2025,
5 Min Read
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The Joshlin Smith Trial continued on Tuesday as key testimonies from law enforcement officers were challenged by the accused in the Western Cape High Court’s temporary sitting at the White City Multipurpose Centre in Saldanha Bay.

Contents
  • Defence Challenges Police Testimony in Joshlin Smith Trial
  • Joshlin’s Mother Denies Showing Indifference
  • Appollis Denies Being at Alleged Shack
  • Conflicting Testimonies and Loud Music Dispute
  • Trial Developments Awaited

The highly publicized case, which revolves around the disappearance of seven-year-old Joshlin Smith, remains under intense scrutiny. More than a year after she vanished from the Middelpos informal settlement in Diazville on 19 February 2024, the child’s whereabouts remain unknown.

On Monday, Joshlin’s mother, Racquel “Kelly” Smith, her boyfriend, Jacquin “Boeta” Appollis, and Stevano van Rhyn all pleaded not guilty to charges of kidnapping and human trafficking.

Defence Challenges Police Testimony in Joshlin Smith Trial

The second day of court proceedings saw the defence cross-examine Constable Yanga Gongotha, the state’s first witness. Gongotha testified that he and his colleague, Constable Luzuko Kobese, scoured multiple locations in search of Joshlin and Appollis on the night of 19 February.

Smith had previously stated that she left Joshlin in the care of Appollis while she worked an odd domestic job that day. However, upon her return in the late afternoon, she claimed both her daughter and her boyfriend were missing.

During cross-examination, Advocate Fanie Harmse, representing Appollis and Van Rhyn, pointed out contradictions in Gongotha’s affidavit. The defence questioned the accuracy of the constable’s claims, particularly regarding Smith’s alleged indifference to her child’s disappearance and the circumstances surrounding Appollis’ whereabouts that evening.

Joshlin’s Mother Denies Showing Indifference

Gongotha previously testified that when Smith flagged them down in Middelpos, she appeared more concerned about her boyfriend’s whereabouts than her missing daughter.

“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,” he told the court.

However, Smith rejected this version of events. Her defence lawyer, Advocate Rinesh Sivnarain, argued that she met the police at a house where Joshlin had last been seen playing, rather than at the location described by Gongotha. Furthermore, he stated that Smith was accompanied by two people, not just one, when she approached the police for assistance.

Appollis Denies Being at Alleged Shack

A critical point of contention on Day 2 of the Joshlin Smith Trial was whether police found Appollis at a shack in Diazville on the night of 19 February.

Gongotha testified that he and his colleague located Appollis in the backyard of a home in Talmakkiessingel, where he was allegedly smoking drugs with others. However, Appollis refuted this claim, insisting he was not at the shack that night.

The defence also dismissed police claims that Smith had mentioned a gas canister needing to be filled, maintaining that there was no such discussion between Smith and Appollis that day.

ALSO READ: Joshlin Smith Kidnapping Trial Begins: Mother and Co-Accused Plead Not Guilty

Conflicting Testimonies and Loud Music Dispute

Further discrepancies arose when Gongotha recalled loud music coming from the house where Smith and another woman exited. However, Sivnarain countered that the music originated from a taxi belonging to the property’s owner, who was entertaining guests at the time.

Adding to the contradictions, Constable Kobese took the stand on Tuesday and confirmed Gongotha’s testimony, stating that Smith had provided multiple versions of her activities that day. According to him, she initially claimed to have returned home at midday to check whether Appollis had taken the gas canister for refilling, an assertion she later denied.

Trial Developments Awaited

As the Joshlin Smith Trial progresses, the defence continues to challenge the reliability of police statements, while the prosecution maintains its stance on Smith and Appollis’ involvement in the case. The trial is set to continue as authorities remain on the hunt for answers regarding Joshlin Smith’s tragic disappearance.

With conflicting testimonies and shifting narratives, the courtroom proceedings will play a crucial role in determining the fate of the accused—and hopefully bringing clarity to the mystery surrounding Joshlin’s whereabouts.

TAGGED:Western Cape High Court
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