Joshlin Smith trial: Lourencia Lombaard, 2 co-accused apply for leave to appeal conviction, sentences
Kelly Smith, her boyfriend, Jacquen Appollis and his friend Steveno van Rhyn were handed life sentences for human trafficking in May.
This is after the court accepted the State's version, that then six-year-old Joshlin Smith was sold to a sangoma in Saldanha Bay in February last year.
ALSO READ: Joshlin Smith: Former accused-turned-State witness Lourencia Lombaard returned to the dock
The girl is still missing.
The matter was adjourned for the day and continues in the Western Cape High Court on Wednesday.
Meanwhile, former accused-turned-State witness, Lourencia Lombaard, was also in court to hear the argument around whether she should be granted indemnity.
Lombaard had testified to witnessing Smith sell the child for R20,000 in February 2024.
The National Prosecuting Authority's Eric Ntabazalila explained: 'We can confirm that arguments began this morning in the application for leave to appeal involving the accused in the Joshlin Smith matter, as well as the Section 204 witness issue involving Ms Lourencia Lombaard. The case has been postponed to tomorrow morning [Wednesday] and judgement is expected to be delivered tomorrow morning on both matters."
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
26 minutes ago
- IOL News
Kelly Smith and accomplices denied leave to appeal sentence in Joshlin Smith kidnapping case
The Western Cape High Court on Wednesday dismissed the application for leave to appeal brought by all three people in the case of the missing Joshlin Smith. 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. Judge Nathan Erasmus said that a sentence of life imprisonment, especially in human trafficking of a child, even when a person has shown no remorse, is inappropriate to impose a lighter sentence or allow an appeal on the sentence. "Turning to the merits and the attack on that, this court made factual findings and drew inferences from circumstantial evidence, and had the benefit of observing witnesses on which I made credibility findings. Consequently, the application for leave to appeal, insofar as Mr Appollis on the conviction is refused. Insofar as it relates to Mr Van Rhyn and Ms Smith, it is similarly refused," he said. Earlier, Erasmus granted indemnity to Section 204 witness Laurentia Lombaard. Lombaard was the State's star witness in the trial over the disappearance of the green-eyed girl from Middelpos, Saldanha.
TimesLIVE
26 minutes ago
- TimesLIVE
Former rugby player fined for failing to submit tax returns
The Paarl magistrate's court has fined former Springbok rugby player Schalk Burger Sr and his company Welbedacht Wines for failing to submit VAT, pay-as-you-earn (PAYE) and income tax returns. The court fined the company R6,000 on each count of failing to submit a VAT201 return for February 2023 and a monthly employer declaration return for March 2023. Burger, 69, was convicted on 14 counts, which included failure to submit a VAT201 return for February 2023, a monthly employer declaration (EMP201) return for March2023 and IT12 income tax returns for the period 2011 to 2022. He was fined R6,000 or 12 months imprisonment on each count, of which R2,000 or four months imprisonment was suspended for five years. 'This amounts to a payable fine of R56,000, or 112 months imprisonment and a further R28,000 or 56 months imprisonment suspended for five years on specific conditions,' National Prosecuting Authority spokesperson Eric Ntabazalila said. Burger successfully requested the court to grant him a deferred fine and was ordered to pay the R56,000 in instalments of R6,000 per month and a final payment of R8,000. The accused entered into a plea and sentence agreement with the state. The court confirmed the agreement and convicted and sentenced him accordingly. According to the agreement, Burger admitted that Welbedacht Wines was registered for VAT and PAYE at the Paarl office of the South African Revenue Services. Burger failed to submit the returns on behalf of the company. In addition, Burger, in his personal capacity, was registered for income tax at the Paarl Sars office . 'Following his successful registration for e-filing in 2011, he failed to submit his IT12 income tax returns for the tax years of 2011 to 2022. This was despite Sars' best efforts to encourage all taxpayers to submit their income tax returns.' It was only after the institution of a prosecution and his being summoned to appear in court that he submitted all outstanding returns relating to himself and his company, and both are currently tax compliant. 'The accused's son, Christiaan Francois Burger, was on July 21 also convicted and sentenced on 12 counts of failing to submit his IT12 personal income tax returns for the 2011 to 2022 period.' The 40-year-old was sentenced to a fine of R48,000 or 96 months imprisonment, and a further R24,000 or 48 months imprisonment, suspended for five years on conditions. The NPA said the sentence sent a strong message of deterrence. 'With the filing season for income tax currently under way, this is a clear message that failure by persons and juristic persons to file their Income Tax returns will not be tolerated. It is a serious offence that impacts negatively on the fiscus,' he said.
IOL News
an hour ago
- IOL News
Former Springbok rugby legend Schalk Burger Snr and wine farm sentenced for tax return failures
Former Springbok rugby player, Schalk Willem Petrus Burger has been sentenced for tax evasion. A former Springbok rugby player, Schalk Willem Petrus Burger, and his wine farm, Welbedacht Wines (Pty) Ltd, have been convicted and sentenced after failure to submit Value Added Tax, Pay as You Earn and Income Tax Returns. Burger, 69, was sentenced by the Paarl Magistrate's Court on Wednesday. National Prosecuting Authority (NPA) regional spokesperson Eric Ntabazalila said he was fined R6,000 or 12 months' imprisonment on each count, and R2,000 or four months' imprisonment was suspended for five years. "This amounts to a payable fine of R56,000, or 112 months' imprisonment, and a further R28,000 or 56 months' imprisonment suspended for five years on specific conditions. He successfully requested the court to grant him a deferred fine and was ordered to pay the R56,000 in instalments of R6,000 per month and a final payment of R8,000," Ntabazalila.
