Landmark Conviction in the Case of Joshyn Smith: A Victory for Justice, But the Search Continues
The recent conviction of Kelly Smith, her boyfriend Jacquwin Apollus, and their friend Stephano Fonrain for the kidnapping and trafficking of 6-year-old Joshyn Smith has been hailed as a significant victory in the fight against human trafficking and child exploitation in South Africa.
Judge Nathan Irasmus of the Western Cape High Court delivered the sentence, confirming that the state had successfully proven its case beyond a reasonable doubt.
While the verdict has brought some justice, the case continues to haunt the community of Sona Bay, as the whereabouts of the young girl remain unknown.
The Conviction: Life Sentences for the Accused
Judge Irasmus sentenced Kelly Smith, Jacquwin Apollus, and Stephano Fonrain to life imprisonment for their involvement in the kidnapping and trafficking of Joshyn.
The judge made it clear that the trio showed no remorse for their actions, and nothing in their behavior warranted a lesser sentence.
Throughout the trial, Kelly Smith refused to testify, leaving the court with few answers about what truly happened to her daughter.
The prosecution’s case was largely built on the testimony of Lorentia Lombard, a friend of Kelly’s, who was granted indemnity from prosecution in exchange for her cooperation.
Lombard’s testimony was crucial in securing the convictions, as it provided a direct link between the accused and Joshyn’s abduction.
The court found Lombard’s evidence to be corroborated by independent sources and circumstantial evidence, making it a central part of the case.
The Director of Public Prosecutions Speaks: A Landmark Decision
Advocate Nicolet Bell, the Director of Public Prosecutions in the Western Cape, expressed her satisfaction with the judgment, describing it as a “celebration for justice.
” She emphasized that this case marks a significant moment for the National Prosecuting Authority (NPA) in their ongoing efforts to combat gender-based violence and human trafficking.
Bell also praised the role of the community in helping to bring the case to trial, stating that the cooperation of local witnesses and stakeholders was essential in securing a conviction.
“This is a landmark decision,” Bell said.
“Sadly, the little girl, Joshyn, is still out there. So, the search for her will continue. We are extremely proud of the hard work from the community here in Sona Bay, the investigation team, and, of course, the prosecution team. This is a victory not just for us, but for everyone who believes in protecting the rights of children.”
Bell also addressed the issue of missing children, acknowledging that some cases often receive more public attention than others.
However, she assured the public that the NPA follows up on every case involving children, as they are among the most vulnerable victims in the country.
“We have dedicated teams looking at those matters,” she added.
The Search for Joshyn Continues
Despite the conviction of Kelly Smith and her accomplices, the biggest question remains: where is Joshyn Smith? The young girl has been missing for over a year, and her family, along with the police, continue to search for answers.
As the community of Sona Bay awaits news of Joshyn’s whereabouts, Amanda Smith Daniels, Joshyn’s grandmother, expressed her deep frustration and sadness.
“We just want to find Joshyn. The fact that Kelly doesn’t want to tell us where she is, it’s hurting us,” Amanda said, her voice heavy with grief.
Kelly’s refusal to testify about her daughter’s disappearance has made the situation even more painful for the family.
Amanda’s desperate plea for closure continues to echo throughout the community: “I just want her to tell me where the child is, so I can go and get her. I don’t care where she is; I just want her back safe.”
Inconsistencies and Coercion During the Trial
The trial was filled with inconsistencies in the testimonies of the accused, particularly Kelly Smith, who failed to provide any meaningful details about her daughter’s fate.
Her story about the day Joshyn disappeared was vague, and her refusal to take the stand only deepened the mystery surrounding the case.
Meanwhile, Apollus and Fonrain claimed that they were coerced into giving confessions under duress after their arrest.
They alleged that the police tortured them, placing plastic bags over their heads and physically assaulting them while they were handcuffed.
The defense teams for Apollus and Fonrain argued that their confessions were obtained under these conditions, and should not be considered admissible in court.
Despite these claims, the court ruled that the confessions were valid, and they played a key role in securing the conviction of the three accused.
A Family in Pain: The Emotional Toll

The emotional toll of this case on Joshyn’s family has been immense.
Amanda Smith Daniels, Kelly’s mother and Joshyn’s grandmother, has been at the forefront of the fight for justice, but the pain of not knowing where her granddaughter is remains overwhelming.
“I’m really not coping,” Amanda confessed, speaking candidly about the ongoing emotional struggle.
“We just want to find Joshyn.
The fact that Kelly doesn’t want to tell us where she is, it’s hurting us.”
The strain has also affected Kelly’s other children, particularly her 12-year-old son, who has struggled to process the events of the past year.
“He’s fighting against the wall, but we are there for support,” Amanda explained.
The family is doing everything they can to help him through this difficult time, but the emotional damage of losing Joshyn, coupled with the betrayal by Kelly, has been incredibly difficult to bear.
The Wider Implications: The Fight Against Human Trafficking
Joshyn’s case has shone a light on the broader issue of human trafficking in South Africa.
The Western Cape, where Sona Bay is located, is a known hotspot for trafficking networks, and this case is just one example of the exploitation that many vulnerable children face.
South Africa has one of the highest rates of child abductions and human trafficking in Africa, and the fight to protect children from such exploitation must be intensified.
In her comments, Advocate Bell emphasized that this case is a reminder of the importance of protecting children and standing up against trafficking.
“South Africa’s children are our responsibility,” Bell stated.
“This case is a testament to the power of working together to protect our most vulnerable.”
The Next Steps: Ongoing Investigations and the Search for Justice
While the conviction of Kelly Smith and her accomplices brings some sense of justice, the fight for closure is far from over.
The investigation into Joshyn’s disappearance is still ongoing, and the authorities are continuing to follow up on leads.
The police are coordinating with international agencies, including Interpol, to track any movements related to Joshyn’s possible trafficking.
As the legal process continues, there is hope that new information will surface, leading to Joshyn’s safe return.
However, for the family, the emotional toll remains, and the community’s efforts to find her are far from over.
The case of Joshyn Smith is a powerful reminder of the vulnerabilities children face, even in their own homes, and the importance of vigilance, accountability, and reform in child protection systems.
As the legal proceedings unfold, Joshyn’s story continues to inspire action across South Africa in the fight against human trafficking and child exploitation.