Another speed bump as new evidence in Joshlin Smith case sees further delays

The four accused from left to right Jacquen Appollis, Steveno van Ryhn, Racquel Smith, mother of Joshlin Smith, and Lorentia Lombaard briefly appeared in connection with the disappearance of Joshlin in the Vredenburg Magistrates Court on Monday, 16 September, 2024. (Photo: Vincent Cruywagen)

By Vincent Cruywagen

16 Sep 2024

New evidence has surfaced in the investigation into Joshlin Smith’s disappearance in Saldanha Bay in the Western Cape on February 19 this year.

The Joshlin Smith case was on the roll in the Vredenburg Magistrate’s Court on Monday for possible transfer to the Western Cape Division of the High Court. However, amid new evidence, the case has been adjourned to allow the State to complete its investigation.

Joshlin’s mother, Racquel Chantel Smith, known as Kelly, and her co-accused, boyfriend Jacquin Rowhan Appollis, Steveno van Rhyn, and Lourentia Lombard, appeared in court before Magistrate Theresa Postma in court on charges of kidnapping and trafficking in persons for exploitation. This resulted from Joshlin’s disappearance.

The six-year-old Grade 1 Diazville Primary School pupil went missing from the Middelpos informal settlement on 19 February. Police investigations indicate that on that day Joshlin’s mother dropped her off with her boyfriend at about 8am and went to work. When she returned at 5pm, Joshlin was gone.

Read more: Joshlin Smith missing for 11 weeks – what we know so far

Lombard made a confession to her alleged involvement in the disappearance of Joshlin, but it didn’t help investigators find Joshlin. Her confession will be heard when the case is tried in the Western Cape Division of the High Court.

Read more: ‘Confession rumours swirl as fourth suspect arrested in Joshlin Smith disappearance case’

New evidence surfaced

Addressing the court, State prosecutor advocate Aradhana Heeramun informed Magistrate Postma that new evidence regarding this matter and the accused had come to light.

“Your Honour, the State cannot transfer the matter to the Western Cape High Court until the investigation has been completed,” Heeramun said.

Postma asked the State if a month-long postponement would be enough time to complete the investigations, to which Heeramun responded that it would be. The magistrate also agreed with the defence’s argument that the adjournment should be marked final.

Jose Emke, the biological father of Joshlin Smith who went missing on 19 February 2024. (Photo: Vincent Cruywagen)

Joshlin’s biological father, Jose Emke, who was visibly upset by the postponement, told the media after the proceedings that his daughter had still not been found.

“I’m upset that the matter has been postponed. Kelly refuses to speak, which hurts because I have no idea what happened to my child or where she is,” he said. These were the only words he could utter before walking away.

Activist Venetia Orgill appeared in chains outside the Vredenburg Magistrate's Court where the four accused appeared in connection with the disappearance of Joshlin Smith. (Photo: Vincent Cruywagen)

Activist Venetia Orgill, who first chained herself to the gates of Parliament in 2020 to protest against gender-based violence, arrived in her chains outside the Vredenburg Magistrate’s Court.

She told Daily Maverick: “To be honest, this is my first involvement with the case. I was very ill, so I watched it from my bed. Coming out of my illness, I had the same dream twice about being chained at Vredenburg Magistrate’s Court, hoping to persuade Kelly to speak up.

“Kelly is too quiet for a mother of such a beautiful child to simply let it happen. They are going to be punished, so why doesn’t she just tell us where our child is? This child is no longer hers; it now belongs to the country and the world.

“We need Kelly to let us know where Joshlin is. This is simply too much for not only her, the father, the grandmother, or the community, but also for the number of mothers who are suffering as a result of a child whose body or whereabouts are unknown.”

Sensitive stage

Confirming the new evidence, which the NPA at this stage is reluctant to divulge, Western Cape NPA spokesperson Eric Ntabazalila stated that the case was at a very sensitive stage of the investigation, and said he could not disclose any information about it.

The four accused from left to right, Jacquin Appollis, Steveno van Ryhn, Racquel Smith, the mother of Joshlin Smith, and Lorentia Lombaard in in the Vredenburg Magistrate's Court on Monday, 16 September 2024. (Photo: Vincent Cruywagen)

On the possibility of a new suspect being arrested, Ntabazalila stated that there was no possibility of there being new suspects as the evidence related to the current accused in the case.

“I spoke with the investigating officer, they were here two weeks ago. They are still conducting the investigation, and he tells me they have probed every lead whenever they receive calls indicating that something has occurred. The investigating team goes to speak with people, including psychics who make calls,” he said.

NPA is asking anyone with information about Joshlin’s whereabouts to contact their nearest police station.

The case returns to court on 21 October 2024. DM

Categories:

Tags:

DM is much better if you are signed in...

South Africa

New evidence surfaced

Sensitive stage