Administrative error delays pre-trial for Joshlin Smith’s human trafficking case
Nearing the first anniversary of her disappearance, missing Joshlin Smith is to be presumed alive while the investigations into her disappearance continue.
This is as logistics are being ironed out for the trial of human trafficking against her biological mother, Racquel ‘Kelly’ Smith.
Smith appeared in the Western Cape High Court earlier today while her co-accused, Jacquen Appolis and Steveno van Rhyn, were in absentia due to an administration error.
Appolis and Van Rhyn were expected to appear alongside Smith today in their pre-trial but instead, the mother appeared alone in the dock after the co-accused were not transported from Malmesbury Prison where they were being held.
The three are charged with trafficking for the purpose of exploitation and kidnapping.
Smith, in a beige-coloured dress, sat anxiously in the dock awaiting her pre-trial appearance, occasionally peering at the public gallery as she spoke to Saldanha community members.
Appearing before high court Judge Gayaat da Silva-Salie, State prosecutor, Zelda Swanepoel submitted that Appolis and Van Rhyn had to be transported to the Western Cape High Court from Pollsmoor Prison, however, the pair had not yet been transferred from Malmesbury Prison and had awaited their pick up from the Malmesbury correctional facility, as reflected on their J7 forms, on Friday morning.
A new pre-trial date was set for February 28, where all three accused are expected to next appear at the Western Cape High Court.
Da Silva-Salie probed Swanepoel on the progress of the investigation into the disappearance of Joshlin, adding that it “must be presumed she is still alive”.
Swanepoel confirmed to the court that the investigations are “alive” and leads are still being followed up, with continued searches in the community and various other locations.
At this instance in court, Smith, while on her feet in the dock, appeared emotional and wiped away tears while hearing the details of the ongoing investigation into her child’s disappearance.
It is the State’s case that Smith had apparently already made plans to sell her three children during August 2023, and that Joshlin was last seen getting into a white vehicle with her mother and was reported missing hours later.
Joshlin disappeared on February 19 last year
Meanwhile, Da Silva-Salie said another issue that was brought to her attention and was canvassed in chamber discussion was for an appropriate forum for the trial to be heard in the Saldanha district, along the West Coast, so the community was able to access proceedings.
The matter will be presided over by Judge Nathan Erasmus in circuit court.
“When the trial proceeds, the Saldanha community would like to attend proceedings and it is in the interests of justice. So far, the municipal town hall has been considered an appropriate venue to accommodate the trial. The municipality has given the interim permission for such,” said the judge.
Da Silva-Salie also confirmed a demarcation inspection is to take place before the next pre-trial date and the factors to consider in this inspection would be adequacy for the hearing, resources, and funding as well as security.
The paternal grandmother of Joshlin, Lorita Yon, said she was happy with the progress.
“There is movement and we are happy to hear that the case will be heard in Saldanha,” she said briefly outside court.
NPO founder of Pay It Forward, Greg Clifton, spoke outside the high court following Smith’s appearance.
“We have been dealing with the search since two days after Joshlin’s disappearance. We are relieved that the trial will be heard in Saldanha. We have continued our searches non-stop and I have personally been in areas such as Durban and Cradock as we follow up on leads.
“We want the matter in Saldanha because not everybody can get here each time and hear that it will be delayed. As was the case today with an administrative error not being able to get the (other) two accused to the high court. We believe Joshlin is still alive,” said Clifton.
chevon.booysen@inl.co.za