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Defence counsel continues arguing to appeal their clients' sentencing

Defence counsel continues arguing to appeal their clients' sentencing

IOL News17 hours ago
Nobahle Mkabayi continues her argument in the Western Cape High Court on Wednesday.
Image: Armand Hough/Independent Newspapers
Defence counsel are expected to conclude their application to appeal the sentences of their clients in the disappearance of Joshlin Smith in the Western Cape High Court on Wednesday.
Joshlin's mother, Kelly Smith, her boyfriend, Jacquen 'Boeta' Appollis, and Steveno van Rhyn were sentenced on May 29, and are currently serving life plus 10 years for trafficking in persons and kidnapping.
On Tuesday, Boeta's lawyer, Fannie Harmse, argued that certain statements had been overlooked by presiding officer Judge Nathan Erasmus.
He suggested that if the court had fully considered them, more accused should have been tried, including Phumza 'Makalima' Sigaqa.
Fannie Harmse, Jacquen 'Boeta' Appollis' lawyer in the Western Cape High Court.
Image: Armand Hough/Independent Newspapers
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Sigaqa was initially arrested with the group
Harmse further testified that the Section 204 witness in the case, former accused, Laurentia Lombaard testified that Boeta had wanted nothing to do with the plot in selling Joshlin.
Lombaard previously testified how Kelly received a call and spoke English during it, thereafter she told Boeta how someone 'wanted Joshlin', but he was not willing to listen at the time.
Nobahle Mkabayi, representing Steveno van Rhyn, argued that her client's conviction should be overturned on grounds of procedural irregularities, unfair trial, and the use of a coerced confession.
Joshlin Smith has been missing since February 19, 2024.
Image: SAPS
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