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Joshlin Smith: Charges withdrawn against one suspect as case postponed
The remaining accused persons have abandoned their bid for bail.
(L-R) Jacquin Appollis (boyfriend of the mother), Stefano van Rhyn (friend of the mother), Kelly Smith (mother of Joshlin Smith) and Phumza Sigaqa at Vredenburg Magistrate’s Court on 7 March 2024. Picture: Gallo Images/Brenton Geach
Charges have been withdrawn against one of the suspects arrested in connection with the disappearance of six-year-old Joshlin Smith.
Four people made their second appearance in the Vredenburg Magistrate’s Court in Western Cape on Wednesday.
Joshlin’s mother, Racquel “Kelly” Smith; her boyfriend, Jacquen Appollis; Steveno van Rhyn; and Phumza Sigaqa are facing charges of trafficking of a person and kidnapping.
Accused abandon bail
The state informed the court during proceedings that the accused had abandoned their bid for bail.
The prosecutor also confirmed that the state would withdraw charges against Sigaqa, who is suspected of being a sangoma.
“Several information has been received as to the whereabouts of the child in questions, those are being followed up.
ALSO READ: Joslin Smith: Husband of alleged sangoma claims cops ‘tortured’ her in front of kids
“We are also awaiting data analysis, further witness statements to be obtained so investigations are at a very early stage and ongoing,” the state prosecutor said.
The case was postponed to 13 May for further investigation and for cellphone’s data to be obtained.
Sigaqa will be released from custody, while the other three will remain in remand.
Watch the case below:
Speaking to the media outside the court, Western Cape Police Oversight and Community Safety MEC Reagen Allen said he understands that there was no evidence linking Sigaqa to Joshlin’s disappearance hence the withdrawal of the charges.
“But that could change should new information come to light. We have further noted that bail has been abandoned at this particular stage [but] our main concern is to ensure that Joshlin is returned home unharmed, safe and reunited with her siblings and extended family and for this matter to be concluded.
“We also note the time period, we know that justice can often be seen as a cumbersome process. It is delays after delays, but we [will] definitely be monitoring this particular case,” Allen said.
Court protests
Allen also briefly spoke about the chaotic scenes outside the court last week.
The MEC revealed that a 29-year-old police officer was injured during the tense standoff.
“Whoever were throwing stones will ultimately be held accountable. That particular [person] at the age of 29 could have potentially lost her eye. At this stage we are waiting further updates on her wellbeing.”
Western Cape police commissioner Lieutenant-General Thembisile Patekile said last week’s scenes were “uncontrollable”.
“What we cannot accept is people, unprovoked, start attacking the police,” he told reporters.
WATCH: A quarter button and ‘sakkie’ tik while Joslin Smith vanished into the night
Patekile confirmed that the police had opened a public violence investigation. No one had been arrested so far.
The provincial commissioner further reminded the public that investigations were still ongoing.
“The case is not finalised. We are still continuing investigations. We want to find Joshlin, that’s our main goal. We still appeal to everyone to assist to find Joslin.
“We cannot rule out more arrests in an investigation and we still saying and maintain that [we will go] where the investigation leads us.”
On Wednesday, angry community members also protested outside the court, demanding to know Joshlin’s whereabouts.
The police fired stun grenades and teargas to disperse the crowd.
Joshlin disappearance
Joshlin went missing while playing outside her home in Middelpos informal settlement in Diazville, Saldanha Bay on 19 February.
Her clothes, allegedly stained with blood, were discovered in an open field during random searches conducted late over the weekend.
The items were sent to a forensic laboratory for DNA analysis.
READ MORE: Polygraph tests and chilling confessions: ‘Kelly would never sell Joslin for money’
It has been alleged that Appollis and Van Rhyn allegedly confessed during a 36-hour-long interrogation session that they sold Joshlin for R20 000 for muti.
The plan was allegedly orchestrated by the six-year-old’s mother.
The Citizen had been using the missing girl’s first name Joslin, but has now switched to Joshlin, as it appears in the charge sheet.
