Victim impact reports sank accused's bid for lesser sentences in Joshlin Smith trial

Daily Maverick

29-05-2025

The comprehensive victim impact reports submitted by a probation officer scuppered any chance Racquel Smith, Jacquen Appollis and Steveno van Rhyn had of avoiding life in prison.
Before sentencing Racquel 'Kelly' Smith, Jacquen 'Boeta' Appollis and Steveno van Rhyn to life in prison on Thursday, 29 May, Judge Nathan Erasmus repeatedly said that the victim impact reports demonstrated that they had shown no remorse and there were no mitigating circumstances, meaning incarceration was the only suitable sentence.
Probation officer Errol Pietersen, a social worker from the Department of Social Development, had submitted the reports on Wednesday, leaving the courtroom in tears.
'Despite the unfounded criticism that was raised against Pietersen in this court by counsel for the accused, I need to say, over many years, this is one of the most comprehensive reports I have seen.
'The diligence and clarity of thought that went into the reports [are] commendable. I found Pietersen to be a reliable servant of the people in the manner in which he prepared these reports and presented them to court.'
Smith, Appollis and Van Rhyn were handed life sentences on the count of trafficking in persons and 10 years for the charge of kidnapping, with the sentences to run concurrently.
The case stems from Joshlin Smith's disappearance from Middelpos informal settlement in Saldanha Bay on 19 February 2024. Evidence presented during the trial shows that the accused plotted to sell Joshlin for R20,000 to a sangoma. Joshlin remains missing and the sangoma alleged to have bought her has not been located.
Community interest
The judge stated that Joshlin grew up in a society that Pietersen described as riddled with social problems and criminality. He said the influence of drug distribution and use, and its impact on the community, was clear in this case.
'When I impose a sentence on three accused, I have to act in the interest of the community and in protection of the rights of individuals in that community, specifically with reference to the charges in this case, the rights of children.
Erasmus said the law aimed to protect the vulnerable in society and 'restore and enforce the human dignity of individuals. So I hope that when we deal with matters like these that we take it seriously.'
He highlighted that there was an outcry from the community for retribution. He said those who harmed society had to pay for their deeds. Furthermore, sentences had to serve to dissuade not only the accused from reoffending, but also anyone who would dare to undermine the moral values of society.
During arguments, counsel for the accused asked the court to focus on rehabilitation as one of the purposes of sentencing.
'I'm of the view that there are particular types of cases and the circumstances of those cases where rehabilitation and the potential rehabilitation of an offender is placed on the back burner.
'We were fortunate in this particular case that we have comprehensive reports from Pietersen in so far as it relates to three,' the judge explained.
Joshlin's two grandmothers both spoke to the media after the court proceedings.
Rita Yon, whose son Jose Emke is Joshlin's biological father, told the media: 'I knew Boeta very well, and I want to ask him why he didn't bring Joshlin to me. I really feel sorry for Kelly.'
Smith's mother, Amanda Smith-Daniels, said, 'My child deserves to be punished, and no punishment is too harsh for her, given that my granddaughter is still missing.'
Smith has 'no remorse'
The victim impact reports compiled by Pietersen in relation to Smith, as well as an interview with her, found that she manipulated the facts as it suited her.
'She went as far as to blame her parents for her conduct in this matter. The court found that the evidence presented as to the disappearance of her own daughter was clear, besides on one occasion, and on Wednesday, I saw no indication of remorse,' the judge stated.
Although Smith was born under difficult circumstances, she was given opportunities through her grandparents, who cared for her and gave her a stable life. She completed matric, unlike Appollis and Van Rhyn, who did not fare well at school.
The court also noted that it was clear from Smith's mother's victim impact statement that her family wanted to assist her even after the onset of the drug use and abuse.
'You, in a threatening way, pushed that helping hand away. Up until now, I have not seen remorse, so in the personal circumstances, I do not find any mitigating circumstances,' the judge said.
Appollis' drug use changed his trajectory
Appollis, the court noted, had two previous brushes with the law, and the victim impact reports show he comes from a good home.
The judge pointed out that he had opportunities to progress in life, but chose a different path by becoming involved in substance abuse, which altered his potential trajectory.
He is the father of an 11-year-old girl and acted as a father figure to Joshlin and her two minor siblings. It doesn't seem he was gainfully employed for any substantial period and was heavily reliant on Smith for subsistence.
'What is worrying in your personal circumstances is the attitude that you displayed as described by Pietersen. It doesn't seem you have shown any remorse nor concern for the whereabouts of Joshlin. Instead, you persisted in twisting the truth even on the eve of this sentencing. In your personal circumstances, I do not find any mitigating factors,' the judge found.
Van Rhyn 'a menace to society'
Pietersen described Van Rhyn as a menace to society, stating that he had a difficult upbringing where his late father spent long periods away from home because of commitments and lived in a home that was affected by excessive alcohol use.
Similarly to Appollis, it appears that Van Rhyn had an opportunity to live a decent life, but unlike Appollis and Smith, in addition to the drug use, he chose a life of crime.
Van Rhyn had previously been arrested for robbery and housebreaking, but was given the opportunity of correctional supervision and rehabilitation within society, opportunities he squandered by not complying with his conditions. He ended up serving an extra 407 days on a parole violation.
'I expected that a person that has gone through circumstances like yourself, whose father was murdered when you were at a young age, to realise the consequences not only on yourself but on broader society when families are affected and inflicted by these types of circumstances.
'Your attitude in this court showed one that doesn't care, but not only in the court. When Pietersen enquired about your attitude towards the disappearance of Joshlin, you made it very clear by saying you 'simply don't care'.'
The judge said that Van Rhyn, a father of a four-year-old daughter, had shown absolutely no remorse, and the court could not find any mitigating circumstances.
'The harshest sentence I can impose'
Another element considered by the court used in determining appropriate sentences was Joshlin's kidnapping, which resulted in her loss of freedom of movement and liberty.
Judge Erasmus reflected on how it all began in August 2023, when Smith told Nico Steven Coetzee, a general worker and evangelist, that she was unhappy in her home and wanted to get rid of her child so that she and Appollis could have a better life.
The judge said of Appollis on the day of Joshlin's disappearance, 'He looks her in the eye and sells her, then he sits in court and says nothing – betraying the trust that Joshlin placed in Appollis as a parent, although not her biological father, and Smith as the one who gave birth to her, and Van Rhyn being that good friend and a father of a small child.'
Erasmus also underlined the ongoing pain in Saldanha, including Diazville Primary School, where Joshlin was a learner, the community that had been torn apart, the extensive searches that took place, and the people who were still looking for Joshlin, who was six years old when she went missing.
'Your personal circumstances, offence and interest of society interacts in determining the sentence. How I caution myself of trying to be compassionate, to be human, to show mercy, not to have anger, not to have the anger of the community, affects me to the extent that I act not in the interest of the community, but rather adhere to the wishes of the community.
'It is clear that a sentence of imprisonment is the only appropriate sentence.'
Furthermore, the court determined that if drugs were a factor that affected and led to the commission of the crime, the accused had the opportunity to tell the court that they were under the influence and could not think clearly at the time.
'You simply didn't do it. In fact, it seems through the course of this trial that Van Rhyn and Smith found it amusing. At one stage, I indicated to you when certain witnesses were testifying, you were celebrating, didn't take it seriously.'
When it came to imposing life sentences, Judge Erasmus said: 'There is nothing that I can find that is redeeming and deserving of a lesser sentence than the harshest I can impose.' DM