'This is not just justice for the community but also justice for Joshlin'- Judge Nathan Erasmus

As he delivered his judgment in the Joshlin Smith human trafficking case, Judge Nathan Erasmus thanked all who made it possible for justice to be brought to the community of Saldanha. 

“This is not just justice for the community but also justice for Joshlin,” he said. 

In the gallery, Western Cape Police Commissioner, General Thembisile Patekile, could also be seen. 

“This case is about a young child, Joshlin, who went missing. And, still is missing. There’s a saying that says it takes a village to raise a child. It’s a saying that means a person is a person through another person. It means a child needs to be protected.”

Judge Erasmus said that it should be noted that the life of a child is being dealt with here. 

Racquel ‘Kelly’ Smith, her boyfriend Jacquen ‘Boeta’ Appollis, and their friend Steveno ‘Steffie’ van Rhyn are on trial for her dissapearance.

Joshlin was six years old at the time of her disappearance and celebrated her 7th birthday away from home. 

Judge Erasmus also let it be known that Kelly celebrated her birthday on Thursday, May 1. 

The State had called a total of 35 witnesses, handed in 42 exhibits as evidence, and an inspection in loco was also conducted. 

An inspection in loco is where the court goes out to the area (Kelly’s shack), sees the surroundings, distances, and checks the viability of the accused's plea explanations. 

The court also noted that no evidence was presented by the defence counsel. 

The accused also decided not to take the court into their confidence and opted not to testify in their own defence. 

Judge Erasmus spoke about the demeanour of the couple when Joshlin went missing. He explained how it took Kelly six hours before Joshlin was reported missing on February 19, 2024. 

“Miss Smith shows no concern, Mr Appollis shows no concern,” he said. 

He further explains that none of the accused, including Laurentia Lombaard, who has since turned State witness, participated in the searches for the missing child. 

As he detailed the evidence of the case, Kelly sat with a smirk on her face while her co-accused sat nervously listening. 

Judge Erasmus also noted that Joshlin was never referred to by her name by the accused, instead, it was always ‘die kind’ (the child). 

In the trial within a trial, Judge Erasmus said while Boeta and van Rhyn claimed they were tortured and coerced to give testimony, that was indeed not true, and the State wiped the floor with them during evidence. 

“It was no wonder they opted not to testify again,” he said. 

Judge Erasmus said there was information in those statements that police had no knowledge of, and even when Boeta took the stand, he, himself, admitted he had been making up the story as he sat with the police colonel who was conducting the interview. 

Judge Erasmus also found sufficient corroboration of evidence that was given by Lombaard. The defence had tried arguing Lombaard was not a credible witness, however, he said her evidence showed there was indeed a plan. 

robin.francke@iol.co.za

Weekend Argus