Joshlin Smith | Laurentia Lombaard granted indemnity from prosecution

“You played no active role in the trafficking and kidnapping of Joshlin Smith,” Judge Nathan Erasmus said in his much-anticipated judgment granting indemnity to Section 204 witness Laurentia Lombaard.

Lombaard was the State’s star witness in the trial over the disappearance of the green-eyed girl from Middelpos, Saldanha.

Initially arrested and charged alongside Kelly Smith, Jacquen “Boeta” Appollis and Steveno van Rhyn for the kidnapping, Lombaard later opted to become a Section 204 witness, providing evidence that helped secure convictions against the trio.

Judge Erasmus reiterated that she may not be prosecuted on charges related to trafficking in persons or kidnapping in the matter.

Lombaard, who has been in witness protection since turning State witness, left the courtroom smiling through tears.

Earlier, the State prosecutor in the Joshlin Smith trial, Advocate Zelda Swanepoel, argued that Lombaard, should be granted indemnity by the Western Cape High Court. 

Lombaard, a former accused, became a witness for the state in October 2024. Her testimony proved pivotal in the conviction of Kelly Smith, Jacquen ‘Boeta’ Appollis, and Steveno van Rhyn. 

The trio was found guilty of trafficking in persons and kidnapping and were sentenced to life imprisonment plus 10 years in May. 

Swanepoel argued to Judge Nathan Erasmus that while the state cannot grant indemnity, it was at the discretion of the court, but pleaded that the court take Lombaard’s sacrifices into account. 

She also submitted Lombaard’s sin was keeping quiet and hiding the truth, but it should be noted that she came forward to assist. 

“I submit contrary to whatever. She went back to correct a previous statement that said Boeta went with the white vehicle. Instead of incriminating him, she evaded doing that,” Swanepoel submitted. 

She further argued that with every Section 204 witness, disclosure is a process. 

“Uneducated person, a prolonged drug user, the environment she is in, this case with cameras everywhere. The court must understand the nerves. A witness stand is not an easy place to be in. The cross-examination was intense. She was taken to task, and every personal thing was taken out. This must be taken into consideration,” Swanepoel submitted. 

Lombaard’s testimony blew the case right open and sent shockwaves through the courtroom when she revealed that Joshlin had been sold for R20,000.

Lombaard testified how Kelly received a call and spoke English during it, thereafter she told Boeta how someone ‘wanted Joshlin’, but he was not willing to listen at the time.  

The court further heard that on Sunday, February 18, 2024, Kelly took Joshlin and went to the roadway and met with a woman who alighted from a white VW Polo, this woman, she assumed to be a sangoma who had white spots in her face and was dressed in a green blouse, skirt and doek (headscarf). 

Lombaard stated she watched the scenario play out from behind the boulders in Middelpos. Kelly was handed something by the woman, which she stuck into the front of her pants. 

Lombaard told the court she later overheard a conversation between Kelly and Boeta as she stood behind the shack they lived in. 

Kelly told Boeta the ‘sangoma’ had given her R20,000. She later confirmed to Lombaard that she sold Joshlin for R20,000 because she was struggling and needed the money. 

Lombaard testified Kelly had promised to pay her R1,000 and Steveno R1,200, the rest of the money would be spent between her and Boeta. 

However, Lombaard claimed she never received the money. She even went into detail about how they planned on how Joshlin would ‘disappear’, and she told the court how she saw Joshlin loaded into the same vehicle with the same woman on February 19, 2024. 

robin.francke@iol.co.za

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