Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith.
Image: Ayanda Ndamane/Independent Newspapers
The second day of the Joshlin Smith matter has wrapped up and this is all you need to know.
On Tuesday morning, the first State witness, Constable Yanga Gongotha was in the dock for the second day and was set to be cross-examined by the defence.
Jacquen ‘Boeta’ Appollis, Steveno van Rhyn and Kelly Smith appeared before Judge Nathan Erasmus.
The trio face charges of human trafficking in persons and kidnapping.
Legal counsel for Appollis, Fanie Harmse, went over every aspect of the evidence.
He insisted on understanding the response times and their implications. The long-winded examination saw Judge Nathan Erasmus interject and ask what the relevance was.
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During questioning, Harmse also seemed to have jotted down the police constable's evidence in chief incorrectly as he was once again corrected by Judge Erasmus.
Harmse further stated that the testimony given by his client (Appollis) about last seeing Joshlin at 2pm when she left to go play, as he and his friends were smoking, was not true.
He also said his client rubbished the testimony of the police officer that a lift was given to him or that he ever spoke to Kelly.
After lunch, the State called Constable Luzuko Kobese, who was partnered with Gongotha at the time, and they were the first responders to the call of the missing child.
While most of his testimony corroborated that of his colleague, Constable Gongotha, Constable Kobese was also the one who took the statement of the mother of the missing girl.
Joshlin disappeared on Monday, February 19, and was allegedly last seen at 5pm. At the time of her disappearance she was last seen wearing a light blue t-shirt, a denim shorts and pink slippers.
Kelly, who initially told police she found out Joshlin was missing when she returned home from work, changed her story.
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In her statement, which IOL is in possession of, she said: “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.”
Kelly gave a description of Joshlin's clothing and stated 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 by the police officer that Kelly signed after understanding what was written and he confirmed it.
When asked how Boeta was during this time, he said: “Boeta appeared like one under pressure and refused to answer the police’s questions”.
Advocate Heeramun also asked Constable Kobese to explain Kelly’s demeanour as he took the statement outside near her home.
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“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 testified.
He told the court he asked Kelly if she was willing to sleep at home that night under the circumstances - residents were screaming at her - and she said no and he took her to a relative’s house.
Constable Kobese said after the statement was completed, Kelly was back to being calm and could even speak properly now, after the questions from bystanders stopped.
The trial continues.
robin.francke@iol.co.za
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