As day 15 ended in the kidnapping trial of Joshlin Smith, Judge Nathan Erasmus stated that Tuesday should be the final day of the cross-examination of the state witness.
Lourentia Lombaard, a former accused turned state witness, has been on the stand since 13 March, with some witnesses testifying in between. To date, 18 witnesses have taken the stand.
She was arrested in March 2024, weeks after Joshlin went missing from her Middelpos home in Diazville, Saldanha Bay.
The girl, who was six years old at the time of her disappearance, was in the care of her mother’s boyfriend, Jacquen ‘Boeta’ Appollis, on 19 February 2024.
Mom, Racquel ‘Kelly’ Smith, Appollis, friends Steveno van Rhyn, and Lombaard were arrested for kidnapping and human trafficking.
Lombaard gave her evidence in chief at the Western Cape High Court sitting in White City Multipurpose Centre, in Diazville, Saldanha Bay.
Before proceedings on Monday, Judge Erasmus summarised to the witness:
“You heard Ms. Smith come up with the plan while you were standing outside, and you heard her share it with Boeta.
"Boeta was unwilling to participate—he said he didn’t have time for her nonsense. He did nothing more than go along with it and later helped with the cover-up on Monday.
Judge Erasmus said Lombaard could not say with certainty that Appollis was directly involved beyond this.
"As for Steveno, he was only there by chance, just like you. He didn’t say much and didn’t actively participate. However, he was prepared to receive the R1,200 payment.
"You never received your money, and you don’t know what happened with Steveno. You also don’t know what he told the police after the 19th. You cannot say that he was part of the plan,” Judge Erasmus said.
The Judge added that the Lombaard testified that Kelly had come up with the plan.
“When Mr. Appollis refused to be involved, she chose to move forward on her own.
"She was the one who took Joshlin to the car on Sunday. She gave all the instructions about Joshlin being kept at home and said she would return for her. She was the one who packed Joshlin’s bag and took her to the car on Monday."
Lombaard claimed that Kelly later told her that she sold Joshlin to a sangoma for R20,000.
On Monday, Lombaard said in March 2024, police fetched her and boyfriend Ayanda Litoni, along with their two children, from their Middelpos home and took them to a safe house in Langebaan due to threats from the community.
She explained to the court that unidentified individuals later arrived at the safe house and assaulted both her and Litoni.
They took her to the bushes in Middelpos and demanded to know what she did with Joshlin, threatening to shoot her if she tried to run.
They later brought her back to the Langebaan safe house.
She added that police took them to the station for two or three days before moving her to Litoni’s brother’s residence.
The couple and their children were eventually transported by police to Litoni’s family in Cape Town.
They then fled to the Eastern Cape.
Van Rhyn’s lawyer Nobahle Mkabayi asked Lombaard if she knew where her children were.
“They are in the Eastern Cape with their father.”
Mkabayi followed up with:
“Which district are they in?”
“I don’t know where exactly, but I think it is in Willowvale,” Lombaard replied.
Mkabayi then revisited Lombaard’s evidence in chief and asked whether she ever received food from Kelly’s house.
Lombaard had previously testified that on the morning before Joshlin went missing, she visited Kelly’s home to ask for food for her children but did not mention receiving any.
On Monday, Lombaard stated that she did receive the food.
“When you were speaking to my learned colleague, you didn’t say that you got the food.
And now you have added new information,” Mkabayi said.
“Do you know why there are so many discrepancies in your evidence? It’s because you’re lying.”
The matter was adjourned, and the cross-examination will continue on Tuesday.
Erasmus told the defence attorneys that Tuesday should be the last day of the cross examination of Lombaard.