Court grants Kelly Smith opportunity for medical attention despite trial

In a dramatic turn of events in the Western Cape High Court in Saldanha Bay, Raquel “Kelly” Smith, one of the accused in the kidnapping and human trafficking trial concerning the disappearance of six-year-old Joshlin Smith, was granted an opportunity to seek immediate medical attention.

Smith fell ill on Thursday.

Smith, the mother of Joshlin, entered the courtroom in visible distress. She was assisted into court by an orderly as she struggled to walk to her seat.

The hearing was expected to begin at 8.30am but Smith’s medical emergency delayed the start. The courtroom waited for the situation to be addressed and judge Nathan Erasmus later apologised for the delay, saying he had been informed in chambers of Smith's sudden illness.”

“Accused 3 [Smith] will be excused and arrangements have been made that she will be attended to immediately,” Erasmus announced upon entering the courtroom before 9am.

Her legal representative Rinesh Sivnarain informed the court Smith had expressed her preference for immediate medical care due to her deteriorating health.

“I have been informed the accused [Kelly] needs medical attention. Therefore, with concurrence from the defence, I rule the proceedings will proceed in her absence. The trial-within-a-trial does not affect accused 3 and the Criminal Procedure Act makes provisions for situations such as this,” Erasmus said.

Arrangements had been made for her return once treatment was completed.

The case, now entering its fifth week, is centred on the disappearance of Joshlin, who was last seen on February 19 2024. Smith's boyfriend Jacquin “Boeta” Appollis claims he last saw the child when she went outside to play. The third accused is Steveno van Rhyn.

As Smith was escorted out of the courtroom by two police officers, it seemed her condition was severe as she could barely walk, leaning heavily on the officers for support, her face contorted in pain.

Appollis and Van Rhyn watched in concern.

This marks the fourth time the case has been interrupted due to health issues.

The state’s key witness Lourentia Lombaard previously required medical attention twice during cross-examination and Smith needed medical assistance on an earlier occasion, leading to a brief adjournment.

Despite the delays, the trial has continued with the court focusing on testimonies in the trial-within-a-trial, where allegations of police brutality made by Appollis and Van Rhyn are being examined.

The court asked the media to refrain from focusing on Smith’s medical condition out of respect for her privacy and wellbeing.

She was back in court on Friday.

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