. Kelly Smith is alleged to have taken more interest in the whereabouts of her boyfriend, Boeta, than of Joshlin.
Image: Ayanda Ndamane/Independent Newspapers
As the third day of the trial of Joshlin Smith's disappearance is under way, the plea explanation of her mother has raised some eyebrows.
Kelly Smith, alongside her boyfriend Jacquen 'Boeta' Appollis, and Steveno van Rhyn pleaded not guilty to charges of kidnapping and trafficking in persons.
On Wednesday, the plea explanations of the trio were handed up to the court as exhibits. Initially, the evidence was that Joshlin disappeared on Monday, February 2024, at about 5 pm.
Previous testimony including police documents has revealed that Kelly only reported her child missing after more than six hours. The court also heard during the plea explanation that the children were kept home due to their school uniforms being dirty.
Initially, it was said Joshlin was kept home with Boeta because she was not well. Both state witnesses, the first responding officers, also testified Kelly told them her daughter was home because she was ill. Kelly admits to coming home during midday on the day after she borrowed R50 and came home to smoke drugs with her boyfriend.
Kelly said she returned to work and got home at about 5 pm. This time she had borrowed R200. She asked where Joshlin was, and she was told she is playing, and her son went to visit his Godfather. Kelly stated she then told Boeta they needed gas, and they went to buy gas, thereafter they went to the merchant to buy drugs again.
The gas refilling previously came up in testimony where witnesses told the court Kelly was more concerned about her boyfriend than her child and was eagerly wanting to know if Boeta had indeed refilled the gas canister as she had requested earlier that day.
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For the first time, the court also heard that Kelly sent her son to look for Joshlin at the park. This, after she was 'in such a panic', she informed the neighbour her daughter was missing and was told Joshlin was last seen playing at the park. The neighbour said she would assist Kelly in locating her child. Kelly said her neighbour had accompanied her as they were headed to Diazville in search of Joshlin.
"It was at this stage that I had become hysterical, and others joined in the search for her," Kelly said.
She further stated the police were contacted at about 9 pm and claimed they had come to her home, where she got into their vehicle and the search for Joshlin continued. However, this contradicts previous testimony where it was stated police were flagged down to assist after receiving the call about a missing child in the Middelpos area.
The police officers also claimed they picked Kelly up from a different location where it seems she was having a 'good time'. At the time, Judge Nathan Erasmus asked for clarity on what the officer meant by a "good time".
He said she was at/near a house that was playing loud music and had lots of people. However, it was Kelly's lawyer, Rinesh Sivnarain, who, during cross-examination, stated that his client claimed when police stopped at this house, she was not having a good time.
Instead, she had received information of a boy who was last seen with Joshlin, and she had just enquired at this home before the police came.
Her defence lawyer also told the court it was his client who stated the loud music did not come from the house, instead, the homeowner had arrived home and was playing loud music from his taxi, and the extra people were his friends.
Kelly remained adamant she is innocent.
The trial continues.
Robin.francke@iol.co.za
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