Josh Lynn Smith Trial: The Search for Justice and Truth
The disappearance of six-year-old Josh Lynn Smith has left a nation in suspense for over a year.
The tragic case took a dramatic turn as the trial began for her mother, Kelly Smith, her boyfriend, Jacken Apollis, and their friend, Stefano van Rain.
The three are facing charges of human trafficking and kidnapping, all while maintaining their innocence.
As the trial progresses, startling revelations have emerged about the behavior of the accused, particularly Josh Lynn’s mother, Kelly Smith.
While the defense argues that the police used excessive force during interrogations, the state is confident in the strength of their case, citing over 90 witnesses expected to testify.
The Disappearance of Josh Lynn Smith
Josh Lynn Smith went missing on February 19, 2024, when she failed to show up for school at Diazville Primary School.
According to her mother, Kelly Smith, Josh was left in the care of her boyfriend, Jacken Apollis, while she went to work.
By the time Kelly returned at 5:00 PM, Josh was gone.
Kelly did not report her daughter as missing until much later that evening, which raised suspicions about her behavior.
Detectives, including Constable Yanga Gong, who responded to the scene, testified about Kelly’s seemingly indifferent reaction to the disappearance.
According to Gong, Kelly did not cry or appear emotionally distressed, even hours after learning that her child was missing.
In contrast, Kelly seemed more concerned about her boyfriend’s whereabouts than about the disappearance of her daughter.
She was reportedly relieved when Apollis was found, even asking if he had filled the gas canister, a conversation that seemed out of place for someone whose child was missing.
This unusual behavior raised alarms for investigators, who began to question Kelly’s involvement in her daughter’s disappearance.
Contradictory Statements and Evidence
As the investigation continued, multiple inconsistencies in Kelly’s story emerged.
During questioning, Kelly admitted that she had kept Josh Lynn and her older brother out of school due to dirty uniforms and that she had gone to work after dropping her youngest child at a daycare.
However, Kelly’s legal counsel later recounted her statement, which suggested a timeline where she spent time smoking methamphetamines with Apollis before going to work.
In the evening, Kelly and Apollis reportedly purchased more drugs, smoked them, and continued with their day, only realizing that Josh was missing much later.
While Kelly’s boyfriend, Apollis, was looking after the two children that day, he did not notice Josh’s disappearance until much later in the evening.
Kelly was the one to inform him that their daughter was gone, though the timeline of events was murky and inconsistent.
Apollis and van Rain later accused police officers of brutality during their interrogation, claiming they were tortured into giving confessions.
The Role of Drugs and Police Allegations
During the investigation, Kelly and Apollis’s behavior continued to raise concerns.
Both were involved in drug dealings, according to a second witness, Constable L, who also testified about the suspicious behavior displayed by the accused.
Apollis, in particular, was said to have failed to mention van Rain’s presence at the house on the day Josh went missing, further compounding suspicions of their involvement.
Additionally, Kelly and Apollis had been consuming methamphetamines in the hours leading up to Josh’s disappearance.
This behavior not only raised doubts about their credibility but also pointed to a potentially dangerous environment in which Josh was left in their care.
It became clear that the timeline and the details surrounding her disappearance were deeply troubling.
A Community in Turmoil
As the trial progressed, the middle post community, which had rallied around the case, grew increasingly frustrated.
When the court decided to conduct an inspection in loco to visit the areas where Josh had lived and the path she allegedly took on the day of her disappearance, the community’s anger boiled over.
Residents packed the Western Cape High Court and later confronted the accused at the scene.
Many expressed their heartbreak and disbelief, demanding that Kelly tell the truth about what happened to Josh.
At the heart of the controversy was Kelly’s response to the situation.
She had repeatedly stated that her child had mysteriously disappeared, but her actions and words were viewed as contradictory by the public.
A key moment in the trial was when one community member shouted, “The child is looking for her mother! Where is the mother?” The statement resonated deeply, as it highlighted the apparent disconnect between Kelly’s behavior and the urgency of the situation.
The Kidnapping and Human Trafficking Case

The case took a darker turn when it was revealed that Josh Lynn Smith may have been sold for 20,000 rand, a claim that was corroborated by Laurentia Rens Lombard, a friend of Kelly’s who later became a state witness.
Lombard testified that Kelly had orchestrated the sale of her child, a statement that was pivotal in the state’s case.
The court heard that Kelly had reportedly met with an unknown woman in a white vehicle, where she received payment for the child.
While the defense sought to discredit Lombard’s testimony, Judge Nathan Erasmus ruled that she was a credible and honest witness.
The trial continued with the state presenting more evidence that pointed to a premeditated plot to exploit the vulnerable child, with Kelly Smith positioned as the mastermind behind the entire operation.
Sentencing and Verdict
The trial culminated on May 2nd, 2025, when all three accused were found guilty of human trafficking and kidnapping.
The sentencing hearing that followed was emotional and heart-wrenching.
A probation officer described Apollis as a person who could be easily influenced, while van Rain was deemed a menace to society.
Kelly Smith, however, was labeled a manipulative mastermind who orchestrated the entire crime.
In a powerful victim impact statement, Josh’s teacher and friends shared their grief, and the pain of losing Josh was felt by all present in the courtroom.
The Andrews family, who had once attempted to adopt Josh, wrote a poem that tugged at the heartstrings of everyone present.
The court, having seen the complete lack of remorse from the accused, handed down life sentences for the human trafficking charge and 10 years for kidnapping.
The Ongoing Search for Truth
Despite the convictions, the case is far from over.
The defense has announced its intention to appeal the verdict, while the National Prosecuting Authority remains confident in the strength of its case.
As the appeal process unfolds, the investigation into Josh’s disappearance continues, with police following up on new leads.
The case remains a priority for the authorities, and the community still holds its breath, hoping for closure.
Looking Ahead: Justice for Josh Lynn Smith
The tragic story of Josh Lynn Smith has captivated the nation, shedding light on the horrors of human trafficking and the dark realities faced by vulnerable children.
As the legal process continues, the question remains: will the truth finally come to light, and will justice be truly served for Josh? The coming weeks will reveal whether McKenzie’s claims of a breakthrough in the case hold any substance, or if it is merely another political move in a long-running saga.