Kelly Smith's lawyer challenges key witness in human trafficking trial

Racquel ‘Kelly’ Smith’s lawyer said it is unlikely that she told witnesses about the potential trafficking of her daughter, Joshlin Smith.

During closing arguments at the Western Cape High Court, Advocate Rinesh Sivnarain challenged the credibility of key State witness Steven Coetzee, who had testified that Smith made remarks foreshadowing Joshlin’s disappearance.

The six-year-old went missing from her Middelpos, Saldanha Bay, home on February 19, 2024. Her mother, Kelly, her boyfriend Jacquen ‘Boeta’ Appollis, and friend Steveno van Rhyn were arrested two weeks later and charged with kidnapping and human trafficking, which they all pleaded not guilty to.

Sivnarain told the court that Coetzee only realised weeks later that the missing child was Kelly's daughter, casting serious doubt on whether he was ever given specific information.

“It is highly improbable that Accused 3 (Kelly), who barely knew him, would disclose sensitive and incriminating information, especially something that could land her in the situation she finds herself in today,” Sivnarain argued.

Coetzee testified that Kelly made ominous remarks before the incident, warning that Middelpos would resemble a movie scene.

But Sivnarain stressed that these vague statements lacked substance and did not reference a child, a sale, or money.

“Had he known about the R20 000 and a missing child, those are the details he would have reported immediately — not something as ambiguous as a ‘movie scene’,” he said.

The defence questioned why Coetzee only gave a formal statement to police in September 2024, despite allegedly being told sensitive information months earlier.

Sivnarain submitted that Coetzee’s version likely evolved as media attention on the case intensified.

“Because of the passage of time, and the attention the matter got, he adopted a version based on what he heard later,” he said.

He concluded that Coetzee was a single witness with no corroboration, and the court should treat his testimony with extreme caution.

mandilakhe.tshwete@inl.co.za