Saldanha Bay – As the dust settles on the guilty verdicts handed down to Kelly Smith, her boyfriend Jacquen "Boeta" Appollis, and their male friend Steveno van Rhyn for the kidnapping and trafficking of six-year-old Joshlin Smith, attention now turns to the crucial matter of sentencing.
Legal experts are already suggesting the trio face a lengthy spell behind bars for their heinous crimes, while the community of Saldanha Bay remains united in their grief and desperate plea: Where is Joshlin?
The judgment, delivered by Judge Nathan Erasmus in a packed Saldanha Bay community hall on Friday, marked a significant milestone in a case that has gripped the nation since Joshlin's disappearance on 19 February last year. Erasmus found the three accused guilty of kidnapping and trafficking the little girl for purposes of exploitation, a verdict that was met with jubilation by community members who had gathered to hear the outcome.
The court determined that the state had proven beyond a reasonable doubt that Smith was the mastermind behind Joshlin's disappearance, viewing her own daughter as a commodity to be sold for a mere R20,000 – even willing to accept R5,000 if she couldn't get the full amount. This callous disregard for her child's life has drawn widespread condemnation and fuelled calls for the harshest possible punishment.
Just hours after the guilty verdicts were announced, the tin shack in Middelpos where Smith and Appollis lived was set alight, presumably by angry residents venting their frustration and demanding justice for Joshlin. The incident, while condemned by local authorities, underscores the deep-seated emotions and unresolved pain that continue to plague the community.
The events leading up to the verdict were fraught with tension and anticipation. On Friday morning, scores of people began queuing outside the Saldanha Bay multipurpose centre – transformed into a makeshift courtroom for the Western Cape High Court trial – as early as 5am, with some having camped out since 9pm the previous evening to secure a place inside.
Inside the courtroom, gospel music played softly as Judge Erasmus conducted technical sound tests, creating a sombre atmosphere in anticipation of the proceedings. Promptly at 10am, the three accused entered to hear their fate. Appollis and Van Rhyn appeared visibly worried, their eyes fixed intently on Erasmus.
But all eyes were on Smith. Dressed in a yellow striped shirt, she presented a stark contrast to the gaunt, drug-addled woman seen a year ago. Witnesses testified during the trial that Smith had brazenly claimed that Joshlin had made her famous, and she seemed to relish the attention, calmly facing the cameras with only a slight rise and fall of her chest betraying any inner turmoil.
Smith's mother, Amanda Smith-Daniels, sat in the front row, a few metres behind her eldest daughter, wearing a T-shirt emblazoned with Joshlin's face. Her expression was tense and weary, reflecting the emotional toll the case has taken on her. Smith-Daniels' younger daughter, Mickeyla Daniels, who testified for the state against Smith, was absent from the proceedings.
As Erasmus began delivering his verdict, he meticulously laid out the evidence that confirmed the guilt of the accused, highlighting the testimonies of Nico Coetzee, an evangelist who knew Smith, and Natasha Andrews, who had expressed a desire to adopt Joshlin.
Erasmus recounted how Coetzee had encountered Smith in August 2023, months before Joshlin's disappearance, and she had confided in him that "the children would be removed" due to her family's situation.
"When he enquired where to and to whom, she answered that she was waiting for people to come, but they had disappointed her," Erasmus said. "She said if they didn't have R20 000, she would be satisfied with R5 000. Smith added that he would see in the next year, January or February, what would happen in Diazville. It would be like a movie scene – there would be searching, but nothing would be found. Those were her exact words."
Andrews testified that Smith had displayed a disturbing lack of anxiety about her child's disappearance, and that her eagerness to complete the transaction to sell Joshlin was motivated by Andrews' desire to adopt her.
Erasmus also pointed out the inconsistencies and illogical timelines in Smith's explanations for why Joshlin was at home and not in school on the day she vanished, as well as her apparent indifference to the search efforts, noting that she "slept like a baby" and did not actively participate in the search for her child.
"This lack of emotional reaction was indisputable," Erasmus said. "Her behaviour, along with Appollis', was far from what would be expected from a concerned parent. It indicates that they were aware of what happened to Joshlin."
Erasmus further condemned Smith, Appollis, and Van Rhyn's decision not to testify, stating that "You had a right to silence, but there comes a time when the evidence is of such a nature that there is a need for answers. Why didn't you come tell the court? Common sense prevails."
Upon hearing the guilty verdicts, the packed courtroom erupted in chants of "Justice for Joshlin!"
After the verdict, Andrews stood looking somewhat dazed, stating, "It's a bit of a relief, but I still want to know where Joshlin is. I've visited Kelly in prison before but don't know if I'll go again."
Smith-Daniels, visibly distraught, declared that she wanted nothing to do with her daughter, saying: "I just want my grandchild. It doesn't matter how long they're going to sit in prison; my grandchild is still gone."
Despite the overwhelming evidence against Smith, some of her supporters, who wished to remain anonymous, told the publication they had visited her at the detention cells in Langebaan before the verdict. They claimed that she had made peace with the fact that she would be found guilty, but intended to appeal, maintaining their belief in her innocence.
Following the verdict, the investigative team and the state's legal team were thanked and given flowers by members of the public in recognition of their tireless efforts.
Heeramun told colleagues that, in her 25 years as a state prosecutor, this was the first time she had received flowers for her work on a case, highlighting the profound impact the case has had on the community.
The court attendees also thanked and congratulated Captain Wesley Lombard, the investigating officer, for his work on the case.
Brigadier Novela Potelwa, a police spokesperson, acknowledged the investigation team's hard work, but emphasized that "unfortunately, Joshlin is still missing. The missing person investigation is still open. While other parties can afford to move on with their lives, we cannot. We will reorganise and see which direction our efforts take us."
He said when the police and the local fire brigade responded to the fire, the "dwelling was totally destroyed". "The police members arrested a 27-year-old woman who surrendered herself. She was taken in for questioning and is due to appear in court on the mentioned charge, once charged," said Pojie.
Police addressed public concerns that evidence may have been destroyed in the fire, assuring that "All evidence pertaining to the missing Joshlin, which were found at the house of Kelly, [was] taken in for forensic analyses during initial stages of the investigation."
Pojie added that forensic experts and dogs combed the house more than once, thoroughly, in pursuit of clues and evidence. "We firmly believe that the exceptional investigative work done by the lead detective and his team attributed to the positive judgment on Friday. Therefore, the destruction of the house does not hamper or deter continued investigation into the disappearance of Joshlin," said Pojie.
Ward councillor Veronique Pretorius said residents speculated that the accused arsonist was "under the influence of alcohol" when the house was set alight. Pretorius said: "What I can say is that, no one's house should be set alight, it doesn't matter the circumstances. This home belonged to innocent children. No one has the right to just set a property alight."
Delivering his more than two-hour judgment earlier on Friday, Erasmus said Joshlin had been "exchanged" and "sold like a commodity". He said the State's evidence stood uncontested, adding that it had now become proven fact, after the accused decided to close their cases without presenting any evidence. Erasmus found that the State had proved the accused's guilt beyond reasonable doubt.
As discussions for sentencing proceedings are set to begin on 9 May, the community of Saldanha Bay remains united in their determination to find Joshlin and bring her home. The guilty verdicts may provide a sense of closure, but the search for Joshlin continues, fuelled by the unwavering hope that she will one day be found.
Amanda Smith-Daniels, Kelly Smith's mother, said after the verdict that she wanted nothing to do with her daughter; she just wanted her grandchild back.
When Erasmus drove out through the court's gates, the crowd applauded and cheered him on. Members of the public also gave flowers to the state prosecutors, advocates Zelda Swanepoel and Aradhana Heeramun.
The multipurpose centre in Saldanha Bay, where the trial has been held for the last seven weeks, was packed to capacity for the judgment on Friday. People clapped when they heard the final verdict, and Smith was tearful.
During the seven-week trial, an in-loco inspection was held right outside Smith's Middelpos home. This was done so that Erasmus, the State and the defence counsel could get an idea of where Joshlin was last seen and what took place on the day the then six-year-old went missing. The court traced the steps of the accused, walking to places they said they were on the day Joshlin went missing.
Six months before Joshlin Smith disappeared without a trace on 19 February last year, her mother, Kelly Smith, had already said Middelpos and Diazville in Saldanha Bay, Western Cape, would look like "scenes from a movie" and that "people will search but find nothing…" And, on Friday, it indeed looked like something from a movie about Smith; her boyfriend, Jacquin Appollis; and Steveno van Rhyn's day of reckoning.
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