Kelly smith, the mother of Joslin Smith.
Kelly Smith was the instigator and executor of the plan to sell her daughter to a sangoma on 19 February 2024, the Western Court high court heard on Monday, with the remaining accused in the headline-gripping trial being bystanders — although one of them was set to profit from his silence.
This was according to Lourentia Lombaard who, before she became a state witness last year and was also set to profit from her silence, was accused number four in the kidnapping and human trafficking charges brought against Smith, her partner Jacquen “Boeta” Appollis and the couple’s friend, Stefano van Rhyn.
The trio have pleaded not guilty to all charges.
Judge Nathan Erasmus on Monday gave a “summary” of Lombaard’s often confusing testimony — not helped by very different versions of events given by Lombaard in her initial talks with police, her confession statement and the statement she gave when she became a state witness.
Her testimony is also difficult to follow because of the pedantic and “long-winded” — as Erasmus has described them — cross-examination questions from advocate Fanie Harmse, acting on behalf of Appollis.
Lombaard has only a grade seven education, and Harmse has not appeared to take this into account during his questioning, leading Erasmus to chide him about the way he quizzes the “unsophisticated” witness.
Summarising Lombaard’s testimony on Monday, Erasmus said to her: “She [Kelly Smith] came up with the plan and she first told Mr Appollis ‘Boeta’ while they were standing outside [their shack on Sunday 18 February, 2024] and you overheard this plan.”
“That’s correct,” replied Lombaard, cutting a more confident figure than she did last week, when Erasmus pointing out the inconsistencies in her statements led to her bursting into tears.
Continued Erasmus: “And the way you understand it, from what you heard, [Appollis] wasn’t really interested in the beginning, because he said something in the vein of, ‘Ek het nie lus for jou nonsens nie.’ (I am not in the mood for your nonsense.)
“Now, I am going to stay with Mr Appollis for a moment,” said the judge. “He did nothing more but to help with the cover-up … Furthermore, you can’t say anything [about him being] involved in the disappearance?”
“That’s correct.”
“Turning to Mr van Rhyn, Stefano, on the surface it looks like he was only there by chance, like you. He didn’t say much, he didn’t do anything,” said Erasmus.
“That’s correct.”
“The only thing you can say is that he was prepared to accept his R1 200 [for keeping quiet] at some stage.”
“That’s correct.”
“Of course, you didn’t get your money, and you don’t know if he got anything.”
“That’s correct.”
“And I take it you don’t know what he told the police, after [the day Joslin went missing], so you can’t say anything about him perhaps being part of the cover-up?”
“That’s correct.”
Continued Erasmus: “Turning to Miss Smith, she came up with the plan and when Appollis said he didn’t want to be part of ‘the nonsense’, she said she would follow her own head.”
“That’s correct.”
“She was the one on the Sunday, according to you, who took Joslin in the car, she gave all the instructions about keeping Joslin at home and that she would come back about 2pm on the Monday. She was the one who packed the bag and also took Joslin to the car on the Monday. Who was the person who said you guys must keep quiet about the plan to the police?”
“Kelly,” responded Lombaard.
According to testimony from various witnesses thus far — the trial is in its fourth and what should be its final week — Smith first told an evangelist and part-time handyman in 2023 that she wanted to sell all three of her children because of “financial difficulties”.
On Sunday, 18 February 2024, Smith is alleged to have taken Joslin to a “white Polo” car that stopped in the vicinity of Middelpos in Saldanah Bay, where Smith, Appollis and the children lived in a shack, presumably to introduce the sangoma in the car — a black woman — to the child and to receive the R20 000 she was promised for the sale.
Lombaard has testified that the sangoma “wanted” Joslin because of her pale skin and blue-green eyes.
On the same Sunday, in the evening, Smith and Appollis allegedly got into an argument — all three of the accused and Lombaard were smoking tik on the day and were heavy drug users — with Kelly trying to “stab” Appollis in a fit of rage, and throwing a tantrum in the shack, during which she hurled pots and pans around.
The next day, the Monday that Joslin went missing, Smith allegedly kept the young girl and one of her brothers off school because their clothes were dirty and Joslin was feeling sick.
Smith packed clothes for Joslin in a black cooler bag and as she was walking with her in the direction of a nearby carwash, owned by Lombaard’s partner Ayanda, Lombaard asked her where she was going, and she replied that it was none of Lombaard’s business.
It is Lombaard’s testimony that at this time, upon reflection, she thought Smith was “having second thoughts” about selling the child.
But Smith eventually allegedly walked to the area of the carwash, where the same VW Polo she had taken Joslin to on Sunday was parked. Mother and child got into the car. Eventually, Smith got out and the car left with Joslin in it.
According to Lombaard, this is the last time she saw the child. Lombaard said it was her assumption that Smith had returned to work afterwards. She was doing domestic chores at the time. Times are in dispute, but this allegedly took place after 2pm.
Lombaard says she returned to the home of Smith and Appollis, where Van Rhyn was visiting. It is here that she asked Appollis about “the money” and if Smith still had it.
Appollis denied that this ever took place, saying that he and Van Rhyn were walking around looking for someone to sell appliances to. Van Rhyn earns his money by fixing appliances.
Smith reported Joslin missing to police just after 9pm that night. Prior to this, according to Smith’s plea explanation, she had been worried and was searching for the girl.
According to Lombaard’s testimony, Smith promised her R1 000 and Van Rhyn R1 200 for their silence, given they had overheard Smith’s plans to sell the child.
The matter is set to continue until 28 March.
