Court grants indemnity to Laurentia Lombaard in Joshlin Smith case

‘You played no active role in the trafficking and kidnapping of Joshlin Smith,” were the words from Judge Nathan Erasmus as he delivered his much-anticipated judgment on the indemnity of the Section 204 witness Laurentia Lombaard.  

The judgment was delivered in the Western Cape High Court. 

Lombaard was the state’s star witness during the trial of the missing green-eyed girl from Middelpos in Saldanha. 

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

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.

Her lawyer, Advocate Eben van Tonder submitted that while there were some minor discrepancies found during her testimony, the court needed to take into consideration that nerves can be a factor when testifying.

He stated that even professionals feel nervous when testifying, and many times not under such scrutiny as in this matter. 

“The court relied on parts of the witness’s testimony for judgment. Taking it all into account, the witness testified honestly. She made huge sacrifices, especially when it comes to her family. Her whole life has been uprooted, and she was placed in witness protection,” van Tonder submitted. 

During her testimony, Lombaard told the court Kelly sold Joshlin for R20,000 with the promise of giving van Rhyn R1,200, herself R1,000, and sharing the rest with Boeta. 

Delivering his judgment, Judge Erasus told Lombaard he knew she 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 R1,000. 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, R1,000 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. 

He further said: “You left school in primary school. You have never been in trouble, do not know how to deal with authority. It is seldom a co-conspirator comes out with everything in the beginning. It took you seven months, from March to October”. 

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

“I asked you many questions and at times you said you lied or you corrected yourself. 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. 

Lombaard stood up in court with a bright smile and teary eyes as relief washed over her. 

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

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

robin.francke@iol.co.za

IOL