The Joshlin Smith kidnapping trial took a dramatic turn when defence lawyer, Nobahle Mkabayi, questioned key witness Lourentia Lombaard about her state of being a mother.
This came after Lombaard admitted she became involved in the matter more than a year ago as she was "in it for the money”.
Steveno van Rhyn’s legal representative, Mkabayi, asked Lombaard if it was about money or about implicating her client, after he told the police about the involvement of her boyfriend Ayanda Litoni.
Mkabayi cross-examined Lombaard in the Western Cape High Court sitting in Diazville, Saldanha Bay.
Van Rhyn and co-accused - Joshlin’s mother Racquel "Kelly" Smith and her boyfriend Jacquen "Boeta" Appollis, are facing kidnapping and human trafficking charges relating to the disappearance of Joshlin on Februaty 19, 2024.
Lombaard testified that Kelly sold her daughter to a sangoma for R20 000, while Lombaard was offered R1 000 and Van Rhyn was promised R1 200.
Mkabayi told Lombaard, a former accused in the matter, that her client was never offered any money nor was he present during the discussion about the plan to take Joshlin away from her Middelpos home.
She asked the witness: “Why did you ask Boeta if Kelly left money?"
Lombard testified this was because Kelly said she would give her R1 000 as promised.
“If it wasn’t about money, then why did you go to Kelly’s place that morning and ask about the money again.
"If you were not interested in the money then why did you go there?”
The witness repeated that Kelly had promised her money.
Judge Nathan Erasmus asked Lombaard if she understood the concerns raised by Mkabayi.
“Ms Mkabayi asked about your upbringing and your children. This morning she asked about God and the oath.
“Here you say you overheard and witnessed something on February 18.
"Joshlin had not yet left Middelpos, you knew the plan, according to you, she (Kelly) would sell Joshlin to a sangoma and you tell us you were not concerned about the money but on Monday morning you asked the plan, how it would work and if she left money for you.
“Do you still describe yourself as a good, loving mother and as a woman who was taught about God?,” Judge Erasmus asked.
Lombaard replied "yes".
“You made food for Joshlin, how did you look at her as you were making food, knowing she was your ticket to get R1 000.”
Lombaard said: “I don’t have an answer, my Lord.”
Before Kelly’s lawyer, Rinesh Sivnarain, could begin questioning, Judge Erasmus warned Lombaard that if she didn’t understand what the attorney would ask, she should indicate because if she didn’t this could affect his decision at the end of the case and whether he should discharge her from the indemnity of prosecution.
As Sivnarain pressed further, particularly regarding Lombaard’s confession to Captain Cilliers at Saldanha Bay police station in March 2024, the witness suddenly reported she was feeling dizzy.
With Lombaard’s testimony now in question and her health uncertain, the trial is set to resume on on Wednesday, possibly with new witnesses.
Cape Argus