We’ve been keeping you updated on the trial looking into the disappearance of six-year-old Johslin Smith, and we’ve got more information for you. Here’s the latest.
The Joshlin Smith trial has now entered its eighth week at the Cape High Court, currently sitting in Saldanha Bay.
Last week, we heard about a trial within a trial — that’s the legal term for a process used to decide if certain evidence can be allowed in court. In this case, it was about the confessions made by two of the accused, Jacquen Appollis and Steveno van Rhyn.
Both men said they were assaulted by police and told what to say. But when a doctor examined them, there were no visible signs of torture. Kelly Smith, the third accused, wasn’t involved in this part of the proceedings.
Then, on Thursday, 17 April, Judge Nathan Erasmus made a call: he ruled that the statements from Appollis and Van Rhyn could be used as evidence for now. But he also made it clear that this decision is provisional and could still change by the end of the trial.
The judge dismisses the discharge application
This week marked a turning point in the trial as the State officially wrapped up its case. Now, it will be the defence’s turn to take the floor and present their side of the story.
But before that could happen, two of the accused tried to have the charges against them dropped using what’s known as a Section 174 application. It’s essentially a legal move where the accused asks to be discharged if the court believes there is not enough evidence to convict them.
Kelly Smith’s lawyer, Rinesh Sivnarain, made the request on her behalf. Van Rhyn’s lawyer, Nobuhle Mkabayi, did the same — arguing that there’s no direct evidence tying her client to the crime.
Judge Erasmus, however, didn’t agree. He pointed out that Van Rhyn had already made a statement — one the court had ruled admissible — saying he was present when Joshlin was taken and that he even went back later to ask about “his cut” in the matter.
With that in mind, the judge dismissed both applications without going into much detail about why. As for Appollis, his lawyer, Fanie Harmse, chose not to bring the application at all.
The court hears about the extensive search for Joshlin
In the witness box this week, we saw Captain Wesley Lombard from the Western Cape Anti-Kidnapping Unit. Testifying at the White City Multipurpose Centre in Saldanha, he told the court his team was officially brought in on 29 February 2024 to assist with the case.
He described how people from all over South Africa and even outside the country came forward claiming they had information about Joshlin’s whereabouts. There were also TikTok content creators who shared their theories and supposed findings with the police, but again, none of these helped move the investigation forward.
Lombard added that they reviewed CCTV footage from the Diazville and Middelpos areas, hoping it would provide clues.
Despite the matter being in court, he assured everyone that the search for Joshlin has not stopped.
The trial continues, and we will keep you updated.
Lona is a recent graduate with an Honours degree in Journalism and Media Studies from Wits University. Passionate about storytelling, she is eager to learn, grow, and hone her writing skills.
