You owned up to your mistakes, says judge in indemnifying Joshlin star witness

HER “key evidence” and “honest, and frank” testimony were enough for Western Cape High Court Judge Nathan Erusmus to grant Lourentia “Renz” Lombaard indemnity from prosecution on Wednesday. 

Lombaard was initially arrested and charged alongside Kelly Smith, Jacquen ‘Boeta’ Appollis, and Steveno van Rhyn for the kidnapping of Joshlin Smith.

Joshlin was reported missing on February 19, 2024 from Middelpos in Saldanha. The little girl is yet to be found. 

However, months after her arrest, Lombaard opted to become a Section 204 witness for the State, providing key evidence that helped secure the convictions of the trio.

During her testimony, Lombaard told the court Kelly sold Joshlin for R20,000 with the promise of giving van Rhyn R1200, herself R1000, and sharing the rest with Boeta. 

Delivering his judgment, Judge Erasus told Lombaard he knew Lombaard faced a lot of criticism, but he had gone through everything, looking not just at the facts but also at everything with common sense. 

“At times, as in your case, a person does not come clean because of something you expected. This is the R1000. It might sound a little to some people. I saw your living conditions. I was at your house. I heard about your prolonged drug use. To you, R1000 was a lot. You needed it for your drug habit, which was so bad that you often went to Ms Smith to beg for food for your children. I am glad to see you’re doing better,” Judge Erasmus told Lombaard. 

Judge Erasmus said it would be unfair to attach too much weight to everything before someone became a Section 204 witness. 

“You owned up to your mistakes. The decision I make will not be accepted by everyone. There will be people who will criticise you. I am of the view that you should be granted indemnity on charges relating to human trafficking and the kidnapping of Joshlin Smith. Yes, you were quiet. You played no active role in the trafficking or kidnapping of Joshlin. You may not be prosecuted,” Erasmus said. 

Judge Erasmus also rejected the application for leave to appeal their convictions and sentencing of Smith, Appollis, and van Rhyn.

The defence has indicated it will approach the Supreme Court of Appeal in Bloemfontein in attempts to overturn the convictions and sentences.

National Prosecuting Authority spokesperson Eric Ntabazalila said they were satisfied with both the convictions and Lombaard’s indemnity.

“It’s an outcome that we argued for. We believe there’s no other court that could come to a different conclusion,” he said.

Lombaard remains in the witness protection programme.

Meanwhile, Joshlin’s paternal grandmother, Lauretta Yon, said she was relieved that the appeal had failed.

Cape Times