AS THE trial into the disappearance of Joshlin Smith entered its 12th day, two witnesses were cross-examined.
Middelpos resident Paulina Tshosa told the Western Cape High Court in the White City Multipurpose Centre that she witnessed an altercation between Joshlin’s mother Kelly Smith and a man on 18 February 2024, a day before Joshlin was reported missing.
During Tshosa's cross-examination, Jacquen "Boeta" Appollis’ lawyer had no questions but Steveno van Rhyn’s counsel 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.
Tshosa said she was headed to her hair appointment when she saw a woman, later identified as Kelly, have an argument with a man, Boeta.
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 Kelly pulling the child and heading into the shack. She also saw Joshlin show Kelly a pink flip-flop.
At the time, she heard what sounded like pots and dishes falling.
Tshosa added: “I thought she was fighting with her husband and taking her frustrations out on the child.”
Mkabayi’s cross-examination was met with many interferences by Judge Nathan Erasmus who told her either a question would not be allowed or had to explain the context of certain questions and even statements made by herself.
In Lombaard’s grilling, Boeta’s lawyer, Fanie Harmse began his cross-examination and questioned her about her boyfriend, Ayanda Letoni.
Ayanda has been mentioned multiple times as he was the owner of the carwash in Middelpos.
Previously, Lombaard also testified that she smoked drugs with Kelly 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 an 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 Nathan Erasmus jumped in stating this was incorrect.
Judge Erasmus implored the defense to go through the record and see for himself.
The trial continues.
