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JOSHLIN SMITH SENTENCING: Trio handed to life imprisonment for kidnapping and human trafficking
JOSHLIN SMITH SENTENCING: Trio handed to life imprisonment for kidnapping and human trafficking

IOL News

time29-05-2025

  • IOL News

JOSHLIN SMITH SENTENCING: Trio handed to life imprisonment for kidnapping and human trafficking

Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith, were found guilty on May 2 and have been sentenced on Thursday. Image: Ayanda Ndamane In a significant ruling that underscores the brutal realities of crime in South Africa, Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith were sentenced to life imprisonment by the Western Cape High Court on Thursday for their involvement in the harrowing kidnapping of Joshlin Smith. Judge Nathan Erasmus presided over the case and delivered a clear message: there is no room for leniency in the face of such serious crimes. During the sentencing, Judge Erasmus highlighted that he could find no mitigating factors to justify a lesser sentence for the trio, who had shown a complete lack of remorse throughout the trial. 'Ms Smith, we know from February 19, 2024, there has been a lack of concern. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading But, besides some tears yesterday, you have not shown an indication of remorse,' Erasmus remarked. He further asserted that a sentence of imprisonment was the only appropriate response to their transgressions. The judge acknowledged that substances had influenced the defendants during the commission of their crimes. However, he decisively ruled that this could not serve as an excuse for their brutal actions. "You had enough time to speak and come clean," he stated firmly, emphasising the premeditation involved in their actions. A major aspect of the prosecution's case involved a request to add the names of the three criminals to the National Child Protection Register (CPR). This crucial register, maintained by the Western Cape Government in accordance with the Children's Act 38 of 2005, aims to protect children from abuse and neglect. Part A records reported cases, while Part B lists individuals deemed unsuitable to work with minors. Judge Erasmus obliged, reinforcing the importance of safeguarding the vulnerable. For their roles in the kidnapping, each perpetrator received a concurrent 10-year sentence. However, given the severity of their actions, which included human trafficking, they will serve life behind bars—an outcome that advocates hope will serve as a deterrent against similar crimes. The case has sparked widespread discussions on the pressing issue of human trafficking and child safety in South Africa. As communities reflect on this harrowing event, many seek justice and solutions to prevent future occurrences. The sentences are to run concurrently. IOL

Joshlin's kidnapping a calculated crime, says human trafficking expert
Joshlin's kidnapping a calculated crime, says human trafficking expert

IOL News

time28-05-2025

  • IOL News

Joshlin's kidnapping a calculated crime, says human trafficking expert

Racquel 'Kelly' Smith, her boyfriend Jacquen 'Boeta' Appollis, and their friend Steveno 'Steffie' van Rhyn were found guilty of kidnapping and trafficking six-year-old Joshlin Smith in the Western Cape High Court. Image: Ian Landsberg / Independent Media Evidence strongly suggests no other alternative but that little Joshlin Smith was sold for exploitation in a calculated crime. This is according to a human trafficking expert from the US who testified during sentencing proceedings in the Joshlin Smith kidnapping trial on Tuesday. Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith were convicted of human trafficking and kidnapping of seven-year-old Joshlin earlier this month. The little girl went missing on February 19, 2024. She has not been found to date. The trio will learn their fate this week as sentencing proceedings get underway. Dr Marcel van der Watt, who is based in the US, delivered his testimony via Microsoft Teams to the court. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Human trafficking expert, Dr Marcel van der Watt was streamed in to give his testimony to the court. Image: Supplied With 23 years of expertise in the field, Van der Watt, a former police officer in South Africa, has assisted the FCS Unit, SAPS' Hostage Negotiation Unit, and Hawks. Van der Watt provided the court with a detailed 35-page report for sentencing proceedings. In his report, he said the case demonstrates clear evidence of planning and premeditation. Smith had devised a plan to sell Joshlin as early as August 2023. "This indicates significant forethought and intent, as the accused had ample time to consider and deliberate over the nature of her actions and the consequences for Joshlin," the report read. It further stated: 'This was not a spontaneous act but a calculated crime. The evidence also strongly suggests no other alternative but that Joshlin was sold for exploitation. "This aligns with the established patterns of trafficking crimes, where victims are treated as commodities with financial earning potential. The accused knowingly commodified Joshlin, prioritising their financial motives over her well-being and safety,' van der Watt testified. He said there was a common purpose and agreement among the three accused and Laurentia Lombaard (former accused turned state witness). The agreement entailed that Joshlin would be sold and that all parties involved would maintain silence, thereby obstructing justice and concealing their actions. "This level of coordination and secrecy points to a shared intent and complicity in the crime. It is clear that all three accused, along with Lombaard, were aware of, or should have reasonably known, that Joshlin was being sold for exploitation." Van der Watt said the financial motive underscores the calculated nature of this crime, as the exploitation of Joshlin was not incidental but rather a means to an end for their benefit. 'When considering the mosaic of evidence and circumstances in this case, it becomes undeniable that the accused engaged in a deliberate, premeditated process to exploit Joshlin. From the initial planning stages to the concealment of their actions, every step was marked by intentionality and coordination, driven by financial greed at the expense of a vulnerable child.' 'The accused's decision to refrain from testifying in their defense further strengthens the need to draw adverse inferences, as their silence in the face of such compelling evidence suggests an unwillingness or inability to refute the allegations against them,' Van der Watt said. He said the talks of trafficking Joshlin as early as August 2023 demonstrated the central role in the trafficking process. 'Kelly Smith, as the mother, played a particularly significant role as the orchestrator of the plan, pointing to significant culpability on her part. Similarly, Appollis and Van Rhyn also played vital roles in enabling and reinforcing the trafficking process. Collectively, their actions solidified the lies and deception, entrapping the victim, unbeknownst to her, in a web of inevitable harm,' he said. The betrayal by a parent, the very person entrusted to protect and nurture their child, is particularly heinous and significantly aggravates the offense, Van der Watt stated.

Kelly and co-accused face sentencing in high-profile Joshlin Smith kidnapping case
Kelly and co-accused face sentencing in high-profile Joshlin Smith kidnapping case

IOL News

time27-05-2025

  • IOL News

Kelly and co-accused face sentencing in high-profile Joshlin Smith kidnapping case

The White City Multipurpose Hall in Saldanha, where sentencing for Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith will be handed down this week following their conviction for the kidnapping and human trafficking of six-year-old Joshlin Smith. Image: Ayanda Ndamane/ Independent Newspapers The highly anticipated sentencing proceedings in the Joshlin Smith matter is set to begin in Saldanha on Tuesday. Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith will know their fate before the end of this week. The trio was found guilty on May 2 of kidnapping and human trafficking charges relating to Smith's then-six-year-old daughter, Joshlin, who disappeared on February 19. The trio, who were detained at Pollsmoor Prison since early May, were transported closer to Saldanha, where the proceedings would take place at the White City Multipurpose Hall. Smith is being held in Langebaan while her two co-accused are detained at Malmesbury Prison. This week, the State is expected to present evidence from a human trafficking expert from the US. This will be followed by a victim impact report, which will detail the effect Joshlin's disappearance has had on her family and her community. It has also been stated that Boeta's defence lawyer, Fanie Harmse, may call his mother to the stand to testify in mitigation of sentencing. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ It remains unclear whether van Rhyn or Smith will be calling any witnesses to the stand or taking the stand themselves. The court still has to deal with its state witness, former accused Laurentia Lombaard. Lombaard was initially implicated in the matter before she became a state witness in October last year. She previously testified that Smith sold Joshlin for R20,000 and claimed she would have received R1,000 as her cut to keep her mouth shut. While Lombaard was part of the initial group who planned the green-eyed girl's disappearance, it is not clear whether Judge Nathan Erasmus will have her suffer the same fate as the convicted kidnappers. Cape Argus

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