A witness who was cross-examined in the ongoing trial into the disappearance of Joshlin Smith remained steadfast in what she saw and the statement she gave.
The trial entered its 12th day on Tuesday.
During Paulina Tshosa's cross-examination, Jacquen ‘Boeta’ Appollis had no questions and Steveno van Rhyn’s lawyer Nobahle Mkabayi took her time with the witness.
This is despite her client not immediately being identified during the evidence in chief given by the witness.
The Middelpos resident told the court she witnessed an altercation on February 18, 2024, a day before Joshlin was reported missing.
Tshosa said she was headed to her hair appointment within the informal settlement when she saw a woman, later identified as Joshlin's mother Kelly Smith, have an argument with a man.
She also witnessed a child nearby.
Tshosa told the court that the woman and what she assumed was her partner had an ugly argument, and the woman took the child, saying: "ek gaan jou wys (I will show you)".
She testified she saw Smith pulling the child and heading into the shack. She also saw Joshlin show Smith a pink flip-flop. At the time, she heard what sounded like pots and dishes falling.
“I thought she was fighting with her husband and taking her frustrations out on the child,” Tshosa said.
She further stated the man she assumed was Smith’s partner was sitting in the middle of the boulders in the informal settlement and seated on either side of him was a man and a woman.
Mkabayi’s cross-examination was met with many interferences by Judge Nathan Erasmus who told her either a question would not be allowed or she had to explain the context of certain questions and even statements made by herself.
Mkabayi also fine-combed every aspect of Tshosa’s statement; however, the resident stuck to her story and remained adamant about what she saw.
While Mkabayi tried discrediting the witness, she remained steadfast.
Smith’s lawyer, Rinesh Sivnarain stated his client denied all allegations.
Former accused turned state witness, Laurentia Lombaard also faced cross-examination on Tuesday.
Lombaard became a State witness in October last year and when asked by the State why, she said: “I told myself that I was going to speak the truth as I could no longer hide things”.
Boeta’s lawyer, Fanie Harmse began his cross-examination and questioned Lombaard about her boyfriend, Ayanda Letoni. Letoni has been mentioned multiple times as he was the owner of the carwash in Middelpos.
Lombaard also explained that Letoni had left Saldanha in March 2024, before her incarceration.
Harmse wanted to know if there had been any interactions between Letoni and Joshlin.
“No, there were not. Ayanda knew it was Smith’s child. They just knew each other from seeing one another,” Lombaard told the court.
Harmse also asked Lombaard how many times she smoked drugs.
“I smoke drugs two or three times a day,” Lombaard said.
Previously, Lombaard also testified that she smoked drugs with Smith and Boeta, but never at her home as Ayanda was too strict. However, when she had her tik (methamphetamine) and lolly, she would smoke at home.
Harmse was left with egg on his face as he tried to make Lombaard believe this was not what she said.
“Going back to my evidence, you said Kelly and Boeta smoke by my house, Ayanda is strict,” Harmse submitted.
However, the State and Judge Erasmus jumped in stating this was incorrect.
Judge Erasmus implored the defense to go through the record and see for himself.
The trial continues.
Cape Times