WHAT’S THE LATEST ON MISSING JOSLIN SMITH?
Its been 156 days (23 July) since Joshlin Smith went missing on the 19 February. At the time, she was under the care of her mother’s boyfriend.
Following her disappearance, allegations surfaced that she was allegedly sold for R20 000.
DO YOU THINK JOSLIN SMITH’S MOTHER IS RESPONSIBLE FOR HER DISAPPEARANCE?
Firstly, I don’t think so, simply because I don’t want to accept that any mother could be that calous, no matter how drugged up. And secondly, even I she did and ‘rumours’ are going around, there’s really nothing that directly ties her to any crime, let alone trafficking.
In July, the Western Cape High Court was expected to hear an update about the investigation, including forensic reports and cellphone records. However, the State indicated that some of the forensic evidence is still outstanding.
I've said from day 1 after Smith was arrested, “Its going to be difficult, if not impossible to find Kelly Smith, guilty of anything other than child neglect, and even that’s a stretch.”
But let’s look at the most basic of laws, relevant to what we know thus far about the case.
Law of evidence and what exactly is it?
The so-called law of evidence is made up largely of procedural regulations concerning the proof and presentation of facts, whether involving the testimony of witnesses, the presentation of documents or physical objects, or the assertion of a foreign law.
The going further, breaking down exactly what evidence means...
What is the best definition for evidence?
Evidence is anything that you see, experience, read, or are told that causes you to believe that something is true or has really happened.
THE CASE
It all started in the the small town of Diazville and Middelpos, Saldahnna bay which comprise a mixture of low-cost and informal housing, there is a noticeable change.
The homes in Diazville are mostly government-subsidised basic brick and mortar structures, known as RDP (part of the Reconstruction and Development Programme) homes. In the adjacent Middelpos area there's a mixture of RDP homes and corrugated iron shacks built on an open field.
On 19 February, Joshlin went missing from the Middelpos informal settlement. Police investigations indicate that on that day her mother, Kelly Smith, dropped off the child with her boyfriend, Jacquen Appollis, at about 8am, then went to work.
She returned at 5pm, to Joshlin gone.
Appollis’s version is that Joshlin went to play with friends and did not return. After about an hour of searching, the pair reported her missing.
The critical first 24 hours elapsed, but there was still no sign of the little girl.
Two weeks after Joshlin's disappearance from her modest shack in the Middelpos informal settlement, police arrested her mother Kelly Smith, Smith's boyfriend Jacquen "Boeta" Appollis, Steveno van Rhyn and Phumza Sigaqa.
KELLY SMITH ARRESTED
The arrest of Joshlin’s mother was a shocking development, amid rumours that the child had been sold for R20,000 or muti. Police Commissioner Patekile dismissed these claims.
Smith was arrested along with Appollis, Steveno van Rhyn and Phumza Sigaqa, on charges of kidnapping and human trafficking.
WHAT ARE THE CHARGES?
The four accused are charged with human trafficking and kidnapping.
The charge sheet reads: “Count 1 trafficking in persons for the purpose of exploitation in that on or about 19 February 2024 to 5 March and at or near Middelpos, Saldanha, the accused, acting together and in the execution of furtherance of a common purpose, unlawfully and intentionally sold, delivered, exchanged Joshlin.”
THE PROBLEM – AND HERE’S WHERE THE HOLES IN THE STATES CASE ARE.
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No R20k cash
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No direct deposit into any bank account
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No eyewitness of a cash exchange
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NO body
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No buyer
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Other than all this being hear-say. Those offering the ‘eye-witness testimony are too potentially involved, so zero credibility.
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Their characters are automatically put into question and nothing they say can be believed.
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Everyone admits Kelly was not home at the time of the child going missing, and she has a solid alibi for the time Joshlin disappeared.
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The arrest of Kelly has purely been based on rumors of trafficking for a sum of R20000, where’s the actual proof of this?
So just based on this, what does the state actually have. We all know accusations are made without any physical evidence.
At best, child neglect for leaving her child with potential strangers
Then there’s Lourentia Lombaard, who was reportedly the last person to see Joshlin before she went missing, who was later arrested and is still in custody.
Another unreliable witness who at best may have had contact with the kidnappers. Then there’s the question of where the R20k transaction took place, who witnessed this? Unless some physically saw Kelly accept the money or at least had sight of the cash, it's all circumstantial and weak.
The court was expected to hear an update about the investigation, including forensic reports and cellphone records, but the state said some of the forensic evidence is still outstanding.
But even then, Kelly’s location doesn’t necessarily put her next to a dead body, it's simply a location that could have been anywhere of no relevance. It’s common practice that cell phone location data is used to tie the location of a coupes with the suspect’s alibi.
next
The prosecution is expected to give the court an update on the investigation, whether new suspects will be arrested or added and whether the matter is trial-ready or seek another postponement to conclude its investigation.
So all-in-all, as it stands now, if I were a betting man, my money would be a Kelly getting away with this with nothing buy a slap on the wrist and one of her accomplices being found to have been more complicit of central to this heinous-tragic crime.
