Judge Nathan Erasmus.
Image: Ayanda Ndamane / Independent Newspapers
Delivering his address at the White City Multipurpose Centre in Diazville on Friday, Judge Nathan Erasmus took a moment to commend the community members who had stood outside the Western Cape High Court in prayer throughout the trial of the missing six-year-old Joshlin Smith.
The Middelpos girl went missing while in the care of her mother's boyfriend Jacquen 'Boeta' Appollis. Her mother, also an accused, Racquel 'Kelly' Smith, was arrested alongside Appollis and their friend Steveno 'Steffie' van Rhyn.
“When I arrived on February 5, I believed it was appropriate to come to Saldanha Bay,” said Judge Erasmus. “You will realise that from February 5 to March 3 was less than a month, and in that short time, a special proclamation had to be issued to designate this venue as a court. I wish to express my appreciation to our new President Judge, who supported and ensured that we could lawfully proclaim this space for court proceedings.”
The judge noted that during the early stages of the process, there was considerable uncertainty among the authorities about whether this location would be suitable due to opposition.
“Despite those concerns, we had the full support of the relevant authorities,” he said.
Judge Erasmus emphasised the broader social responsibility at the heart of the case: “It becomes our responsibility to ensure that every child in our society is protected and that justice is served where harm is done.”
Reflecting on the gravity and uniqueness of the matter before the court, Judge Erasmus remarked: “The State said this is the first case of its kind that I have presided over in these circumstances, involving such serious allegations and community impact.”
He also mentioned the ages of the accused at the time charges were brought: "The individuals involved — Mr Appollis, 31, Mr Van Rhyn, 27, Ms Smith, 33."
He revealed a personal note while signing a warrant: “As I signed the warrant of detention, I realised it was Ms Smith’s birthday yesterday, on May 1. That detail struck me as I reviewed the evidence again.”
The judge reminded the court of the central charge, saying: “The case relates to the events that occurred between February 18 and 19 2024, in Middelpos. Joshlin, who was six years old at the time and born on October 23, 2017, is believed to have been trafficked. The charges are brought under Section 4 of the Prevention and Combating of Trafficking in Persons Act.”
Cape Argus