Joshlin Smith has been missing since Monday, February 19, 2024.
Image: Supplied
The matter of missing Joshlin Smith will be heard in her community, as this is in the interest of justice, Judge Gayaat Da Silva Salie said on Friday in the Western Cape High Court.
Joshlin’s mother, Kelly Smith, her boyfriend, Jacquen Appollis, and Steveno van Rhyn were expected to appear together in the dock.
The trio faces charges of kidnapping and trafficking in persons for exploitation.
However, Smith was the only accused in the matter in court, this was due to an administrative error, the court heard.
The court heard Appollis and Van Rhyn were still at Malmesbury Prison, and while the documentation for them to be moved to Pollsmoor Prison was processed, this was yet to be done. The men were still waiting for a truck to collect them from Malmesbury Prison during proceedings.
Judge Da Silva Salie told the packed courtroom counsels had a meeting in her chambers to discuss some issues pertaining to the matter and confirmed the administrative error to be the reason for the two accused not being present before the court.
The State said it was ready to hand over the docket to the defence.
Joshlin's mother, Kelly Smith appeared alone in the dock on Friday.
Image: Robin-Lee Francke/IOL
Judge Da Silva Salie also stated that the community would like to attend proceedings, and this would be in the interest of justice to have residents access to the matter. She said the matter would have to be enrolled in an appropriate venue. A municipal venue will have to be sought to hold the large-scale proceedings expected to take place.
She further stated many aspects needed to be considered, such as safety, the allocation of a judge, and more. She further requested the State to conduct its research and find a suitable venue, one which will allow for a demarcation inspection by the presiding judge to run in parallel with pre-trial proceedings.
“Here we are dealing with kidnapping and human trafficking. There is a missing person here,” Judge Da Silva Salie said.
She also stated the hope that Joshlin is still alive remains and asked the State what the progress was in the matter.
“The investigation is still ongoing and very much alive. We are still following up on all leads and walks on the beaches still taking place,” State Prosecutor Ms Swanepoel said.
The judge further urged the defence counsels to speak to their clients and find out whether they would be willing to provide additional information about the whereabouts of Joshlin.
All legal counsels came to an agreement that before a trial date is set, a walk-through of the venue of where the trial will be taking place within the Saldanha Bay Municipality will be conducted.
Members of the public, some of whom have joined the searches for Joshlin Smith, attended the proceedings at the Western Cape High Court on Friday.
Image: Robin-Lee Francke/IOL
Outside court, Joshlin’s paternal grandmother declined to comment.
However, Councillor Veronique Pretorius, who travelled all the way from Saldanha Bay welcomed the ruling by the judge for the matter to be transferred back to the precinct.
“The community really wanted to be here. But it is challenging with regards to finances. Many people were also going to come all the way to the high court with taxis, however, we encouraged them to stay home and rather watch it on television as we knew it was just going to be postponed,” she said.
Greg Clifton from Pay It Forward said they have been involved days after Joshlin's disappearance and are yet to give up on finding her. He told IOL he fully believes Joshlin is still alive, the only challenge is finding her.
The matter has been postponed until February 28.
Joshlin who went missing on February 19, 2024, has been missing for 347 days.
robin.francke@iol.co.za
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