Josh Smith Case: The Trial, the Verdict, and What Comes Next

The trial of Kelly Smith, Jaquina Apollus, and Stavina Fenrain, accused of kidnapping and human trafficking in the case of 6-year-old Josh Smith, has reached a pivotal moment.

On the 2nd of May, 2025, Western Cape High Court Judge Nathan Arasmus found the trio guilty of all charges related to the disappearance of Josh, who went missing on February 19th, 2024.

The trio’s sentencing will take place on May 29, 2025, but the question remains: what happens next?

The trial, which has been marked by explosive testimonies and startling revelations, has not only shed light on the actions of the accused but has raised more questions than answers.

The conviction has brought some relief, but the search for Josh and the broader implications of the case are far from over.

The Disappearance of Josh Smith:

On February 19, 2024, Josh Smith, a 6-year-old girl, was reported missing from her home in Middle Puss, Salana Bay.

Josh had been entrusted to her mother’s boyfriend, Jaquina Paulis, and vanished shortly after Kelly Smith’s return.

Witnesses reported seeing Josh playing outside just hours before she disappeared, wearing a light blue t-shirt, denim shorts, and a distinctive birthmark on her arm.

Her last known location was outside the house, but from that moment onward, she was gone.

The search for Josh continued for days, with residents, police, and the South African Navy joining forces to find her.

As tensions ran high, locals began to point fingers at Kelly Smith and her boyfriend, accusing them of being involved in the child’s disappearance.

Kelly, facing intense scrutiny, claimed that she needed police protection from the angry mob.

On February 27th, 2024, Kelly made a controversial appearance on a now-deleted Facebook Live video with Patriotic Alliance leader Gayton McKenzie.

In the video, Kelly spoke about the reward for information about Josh’s whereabouts, but it was later revealed that her sister, Michaela Daniels, testified during the trial that Kelly had said someone was trying to sell her child.

This statement would become a key piece of evidence in the case.

The Evidence and the Arrests:

On March 5th, 2024, four individuals, including Kelly, her boyfriend Jaquina, and two others, were arrested in connection with Josh’s disappearance.

The police received confessions from two of the suspects, Apollus and Fenrain, who implicated Kelly in the trafficking of Josh.

These confessions, though initially disputed by the accused, were crucial in the unfolding of the investigation.

The investigation took another turn when Lorentia Lombard, a neighbor of Kelly’s, was arrested and later became a state witness under Section 204.

Lombard’s testimony provided a clearer picture of the events leading up to Josh’s disappearance.

She revealed that Kelly had been involved in a plan to sell Josh to a sangoma (traditional healer) for R20,000.

Lombard testified that Kelly had called her to inform her of the transaction and described seeing Josh being placed into the back of a white VW Polo with a woman, who was later identified as the person to whom Josh was sold.

The Legal Process and Testimonies:

The trial has been marked by emotional and intense testimonies.

On March 13th, 2025, Lombard took the stand and described the events in detail, implicating Kelly in the sale of her daughter.

Lombard’s testimony was supported by evidence from other witnesses, including Nico Steven Kia, an evangelist who testified that Kelly had discussed selling her children months before Josh’s disappearance.

Detective Sergeant Mayor Milstein also testified about his interviews with Kelly and Jaquina, revealing that both showed no emotion when questioned about Josh’s whereabouts.

Milstein’s investigation into the bloodstained items found in Kelly’s shack further supported the suspicion that something sinister had occurred.

Despite Kelly’s attempts to maintain her innocence, the mounting evidence pointed toward her involvement in the abduction.

The Role of the Accused and Their Confessions:

The confessions from Apollus and Fenrain were pivotal in the case.

Both accused claimed that they had been forced to lie to the police and that they had been tortured during their interrogation.

Despite their claims of coercion, the court ruled that their confessions could be used as evidence.

The defense, however, argued that the confessions were unreliable due to the influence of police tactics.

The court also heard from other key witnesses, including a police officer who testified about the drug use among the accused and the involvement of others in the trafficking ring.

The evidence presented in court painted a damning picture of the accused, further strengthening the prosecution’s case.

Community Justice and the Aftermath:

While the legal proceedings continue, the case has also sparked public outrage.

In the aftermath of the trial, Kelly Smith’s shack was set on fire by members of the community, who were angry about the disappearance of Josh and wanted justice.

However, this act of mob justice raises concerns about the consequences of vigilante actions.

In the digital age, with everyone carrying a phone, acts of mob violence can lead to legal consequences for those involved.

Though the community’s anger is understandable, it is crucial to remember that justice should be carried out through the legal system, not through violent retaliation.

The case serves as a reminder that, even in a democracy, emotions must be controlled, and justice must be pursued in the proper manner.

The Sentencing and the Fate of the Accused:

The sentencing of Kelly Smith, Jaquina Apollus, and Stavina Fenrain is set for May 29, 2025.

In determining the appropriate sentence, the court will consider the criminal histories of the accused, including their past offenses.

Apollus and Fenrain both have criminal records, which will likely influence the severity of their sentences.

One of the critical elements in sentencing is the level of remorse shown by the accused.

While Kelly Smith cried during the trial, there is doubt about whether her tears were genuine or simply an attempt to avoid responsibility.

Her silence and lack of genuine remorse throughout the proceedings raise questions about her commitment to taking responsibility for her actions.

The Ongoing Investigation:
Despite the guilty verdicts, the case is not closed.

The search for Josh Smith remains ongoing.

The police continue to investigate leads, and while the conviction of the accused brings some closure, the fact remains that the whereabouts of Josh are still unknown.

The police confirmed that they would continue their search both in South Africa and abroad.

The investigation remains active, and the question remains: Where is Josh?

Looking Forward:

As the sentencing draws near, the public remains focused on the unanswered questions surrounding Josh’s disappearance.

While justice may soon be served in the form of sentencing, the search for Josh and the broader implications of the case are far from over.

The fate of the accused is one chapter, but the true resolution will only come when Josh is found and brought home.