Joslin Smith Trial: 2nd Witness Zones In on Kelly, Appollis’ Conduct the Day Child Went Missing

• The second day of the Joslin Smith human trafficking trial revealed details about Kelly Smith's initial statement to police
• The second State witness led testimony in the Western Cape High Court and detailed Kelly and her boyfriend's conduct
• Constable Luzuko Kobese testified that Jacquin Appollis appeared not to want to cooperate while Kelly seemed calm

Tshepiso Mametela is a seasoned journalist at Briefly News. A Head of Current Affairs, Mametela reported live from the presidential inauguration of Cyril Ramaphosa and has written articles on politics, crime, courts, accidents and other topics, including sports, at The Herald and Opera News SA, among others.

SALDANHA BAY — The second day of the Joslin Smith kidnapping and human trafficking trial saw the state's second witness taking to the stand.

Constable Luzuko Kobese led evidence into Kelly Smith's statement to police after reporting the now-seven-year-old missing on Monday, 19 February 2024.

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2nd Day of Joslin Smith kidnapping trial

The trial got underway in the Western Cape High Court, sitting at the Saldanha Bay Multipurpose Centre, on Monday, 3 March 2025, with the three accused pleading not guilty.

Smith, her boyfriend Jacquin Appollis, and the couple’s friend Steveno van Rhyn, face charges of kidnapping and human trafficking.

They could face life imprisonment if convicted.

Kobese, who followed his colleague and the first trial witness, Constable Yanga Gongotha's testimony, was one of the first Saldanha officers to respond to the call about a missing Joslin.

His testimony corroborated Gongotha's, with Kobese adding that Smith's demeanour appeared calm while she left out key details in her statement.

He told the court that Kelly accompanied officers to search for Joslin and speak to Appollis, who usually looked after the little girl during the day at their home at the Middelpos informal settlement while Kelly was at work.

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Appollis said Joslin, one of three children staying with the couple in a shack, asked to play with her friends and did not return home when it was late.

After returning from work in the evening and reportedly searching for Joslin but failing to find her, Kelly filed a missing person report. Gayton McKenzie's Patriotic Alliance (PA) privately funded a large-scale effort to find Joslin.

Law enforcement launched a concurrent search operation involving the South African Navy and South African Police Service (SAPS) K9 Unit. Interpol also undertook an investigation and search.

Continuing his testimony, Kobese said Kelly and Appollis seemed to disagree during the initial search and questioning about the missing girl. However, he could not confirm what they were clashing about while speaking in Afrikaans.

"He appeared not to cooperate with us. We [repeatedly] asked him [the same] questions and it [appeared] he did not want to answer. He appeared like [he was] under pressure. He refused to answer the police’s questions," said Kobese.

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He said Kelly, who initially said she found out Joslin was missing when she returned home from work, changed her story.

In her statement, Kelly stated in part:

"I [got home] at about 1.50pm. Jacquin was not home, and I only found [my other] two children. I asked them where Joslin was, and they said they didn’t know. I went out to look for her ... it's the first time she hasn’t returned home from playing."

Kelly described the clothes her daughter wore when she went missing—a light blue T-shirt, denim shorts, and pink slippers. She said the police had advised her to open a missing person case.

State Prosecutor Advocate Aradhan Heeramun asked Kobese to explain her conduct as he took her statement outside, near her home.

"She appeared unfazed [and] willing to give answers. However, at times, she seemed to hesitate in answering others. It appeared the questions put her under pressure. Even more so when bystanders asked her if Joslin was still alive. She hesitated to answer," Kobese testified.

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During a pretrial hearing in the Western Cape High Court on Friday, 31 January, Kelly told reporters she believed Joslin was alive and well.

Kobese further told the court he asked Kelly during the initial inquiry amid the clamour from residents if she felt safe sleeping at home that night and she opted against it. He took her to a relative's house.

The policeman noted that Kelly appeared calm and reverted to speaking properly after completing her missing person statement. Heeramun asked him if she acknowledged that she understood the contents of the statement and whether the officer had confirmed it before she signed it, and he said yes.

Is Joslin Smith, now 7, still alive?

In a related story, Briefly News reported that the whereabouts of the missing Saldanha Bay child, Joslin Smith, are still unknown, a year after she disappeared from her Diazville home.

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The three people arrested are believed to have sold the child to fuel their drug habit, with the matter first being heard in the Vredenburg Magistrate's Court.

Source: Briefly News