KEY POINTS
- Conflicting statements have added more uncertainty to the case timeline.
- The prosecution highlighted inconsistencies in Kelly Smith’s testimony.
- One suspect refused to answer police questions, increasing suspicion.
The second day of the Joshlin Smith trial brought intense legal exchanges as key witnesses took the stand and defense attorneys questioned police testimonies.
On Tuesday, Constable Yanga Gongotha, the first state witness, faced further cross-examination as the case against Jacquen “Boeta” Appollis, Steveno van Rhyn, and Kelly Smith continued before Judge Nathan Erasmus.
The three defendants stand accused of serious offenses that includes human trafficking and kidnapping.
Defense attorney Fanie Harmse spent significant time challenging the prosecution’s evidence, scrutinizing response times and investigative procedures.
Judge Erasmus intervened in several instances, to ask if the presented arguments had any significant bearing on the case.
Harmse also misquoted the police constable’s testimony and was corrected by the judge.
He disputed earlier claims that Appollis last saw Joshlin at 2 p.m. when she left to play, contradicting statements that Appollis was given a lift or had spoken to Kelly that day.
New witness testimony complicates the timeline
After lunch, the state called Constable Luzuko Kobese, who was among the first responders on the day Joshlin disappeared. His testimony largely aligned with Gongotha’s but introduced additional details.
He also took the statement from Joshlin’s mother, providing further insight into the investigation.
Joshlin was last seen at 5 p.m. on February 19, wearing a light blue T-shirt, denim shorts, and pink slippers. However, inconsistencies in Kelly Smith’s statements have raised suspicions.
Initially, she told police she only discovered Joshlin was missing after returning from work. Later, in an official statement, she admitted she arrived home at 1:50 p.m. and immediately noticed the child was gone.
“I asked the other children where Joshlin was, and they said they didn’t know. I went out looking for her, and the father was also searching,” Kelly stated.
Constable Kobese observed Kelly’s behavior during questioning show initial cooperation but she grew uncertain when they asked about Joshlin’s survival status.
Meanwhile, people questioned Kelly as she approached her residence, resulting in heightened hesitation.
Suspect behavior and rising tension
Throughout the investigation, Boeta refused to answer important police questions and seemed tense to both investigators and legal authorities.
Kelly’s emotions displayed conflicting signals throughout the interview process because she kept her composure initially yet became uneasy when questioned publicly.
State Prosecutor Advocate Aradhan Heeramun emphasized that Kelly had signed her statement after fully understanding its contents, refuting the defense’s claims that she may have been coerced.
As tensions escalated, Constable Kobese testified that Kelly chose not to stay at home that night due to angry community members shouting at her. Police relocated her to a relative’s house for safety.
“The moment the questioning stopped, Kelly appeared calm again and could even speak properly,” Kobese said.
With conflicting testimonies and legal battles continuing, the trial remains ongoing.
