Will Joslin Smith state witness receive indemnity or serve jail time?

State witness Laurentia Lombaard is awaiting a decision on whether she will receive indemnity or serve a prison sentence, as the Western Cape High Court holds a special hearing in the Joslin Smith trafficking trial.

Lombaard, a former accused who became a Section 204 witness, previously testified under oath that Kelly Smith, the missing girl’s mother, allegedly sold her daughter to a sangoma for R20 000.

Last week, Kelly, her boyfriend Jacquin “Boeta” Appollis, and pal Steveno van Rhyn were sentenced to life in prison for trafficking and kidnapping. The trio has 14 days to apply for leave to appeal the sentence.

Joslin went missing from her home in Saldanha Bay on 19 February 2024. She has not been found.

Joslin Smith case: State witness awaits judgment

NPA prosecutor Zelda Swanepoel told the SABC that Western Cape High Court Judge Nathan Erasmus would hear evidence and arguments from both the prosecution and the defense regarding state witness Laurentia Lombaard.

He would impose her sentence in a separate hearing.

Swanepoel said: “We will be called upon to argue and indicate why we say she should or should not be granted indemnity.

“Our argument is that she should be granted indemnity.”

INNOCENT OR GUILTY?

Laurentia Lombaard – a State 204 witness – previously stated under oath that Joslin Smith’s mother, Kelly Smith, allegedly sold her to a sangoma for R20 000.

Lombaard also claimed in her testimony that Kelly had offered her R1 000 in “hush money”. She added that she had not received the money, even after confronting Kelly about it.

Late last year, authorities withdrew charges against Lombaard after granting her provisional indemnity from prosecution. However, her credibility came under scrutiny when she admitted in a recorded statement that she had lied to police following Joslin Smith’s disappearance.

Her version of events from her March 2024 statement differs from her confession to police in October, when she agreed to turn state witness.

In court, she admitted to being under the influence of drugs when making the initial statement.

According to the Criminal Procedure Act, a Section 204 witness can receive indemnity from criminal charges, provided that their testimony and evidence help incriminate the accused.

In the case of Joslin Smith, the NPA offered Lombaard witness protection in exchange for her testimony against Kelly Smith, Boeta Appollis, and Steveno van Rhyn, who have since been convicted and sentenced.

If the court does find that Lombaard did not testify truthfully, she could face prosecution for perjury and related charges.