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Eyewitness News
28-05-2025
- Eyewitness News
Defence in Joshlin Smith trial begin making final arguments in mitigation of sentencing
SALDANHA BAY - Defence attorneys in the Joshlin Smith trial have started making their final arguments in mitigation of sentencing of the accused. Earlier on Wednesday, the matter was briefly adjourned after Joshlin's mother, Kelly Smith, started sobbing loudly when a video of the missing girl was played in court. ALSO READ: - Joshlin Smith's mother breaks down in tears as victim impact statements read out in court - Joshlin Smith trial: Probation officer accuses Kelly Smith of being a manipulative liar - IN PICS: Tears as social worker reads impact statements from loved ones in Joshlin Smith trial Smith and her co-accused, Jacquen Appollis and Steveno van Rhyn, are to be sentenced on Thursday after being found guilty of kidnapping and human trafficking related to Joshlin's disappearance. Defence attorney Fanie Harmse, who represents Appollis, told the court to consider his client's background and previous convictions. Harmse submitted that Appollis came from a stable home and was previously convicted of two petty crimes of robbery and violating the Marine Resources Act. The attorney also said that the evidence showed that Appollis "did as he was told to do". Van Rhyn's attorney, Nobahla Mkabayi, submitted that her client was willing to rehabilitate, even though he maintains his innocence. Mkabayi told the court that although Van Rhyn insisted that he was innocent, it should not prevent the court from giving prudence to his personal circumstances. Defence attorney Rinesh Sivnarain told the court that Smith's circumstances should also be taken into consideration when handing down sentencing. State prosecutors are set to make their submissions when the matter resumes.
IOL News
27-05-2025
- IOL News
Joshlin Smith trial: ‘Impose the maximum penalty,' probation officer tells the court
Errol Daniel Pietersen delivered his pre-sentencing report to the Western Cape High Court. Image: Robin-Lee Francke/IOL The probation officer took the stand during sentencing proceedings for the Joshlin Smith matter on Tuesday, and he did not mince his words. Errol Daniel Pietersen has a bachelor's degree in social work and criminology and has 16 years of experience under his belt. In his pre-sentencing report, requested by the Western Cape High Court, Pietersen detailed the background, education, work, drug use, behavioural, and evaluation conducted with Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith at Pollsmoor Prison. Pietersen's report is usually taken into consideration by the court to determine whether a convicted person has any hope of rehabilitation. The reports for all three convicted child kidnappers and human traffickers were read into the court record. Jacquen 'Boeta' Appollis. Image: Ayanda Ndamane / Independent Newspapers 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 ✕ Boeta In the report, Boeta is described as a quiet and reserved character. He has admitted smoking dagga, mandrax, and methamphetamine (tik) as well as drinking alcohol. He has been described as being in good health and suffers from no psychological issues, but fears the outcome of this matter. The court heard Boeta has two daughters, ages five and 11 years old. Though he had dropped out of school early, he was never troublesome. At one stage he was involved in club rugby, and conducted himself within socially acceptable norms. Boeta had a previous conviction for contempt of court and spent 30 days behind bars. He also has a conviction for theft and violating the Marine Resources Act. In his evaluation, Pietersen found Boeta to be someone with an easy demeanour who is respectable and considerate of others. He explained that had it not been for drugs, Boeta may have lived a good, law-abiding life. However, it was disturbing that he continued to profess his innocence. The court heard Boeta got 'visibly emotional' when it was relayed that Joshlin must have been traumatised. He was close to tears upon being reminded he has two girls of his own and the effect it would have on them. When describing what happened that day, Boeta claimed Joshlin went to school. When his lie was pointed out, as Joshlin never went to school on February 19, 2024, he became silent. It was noted in Pietersen's report that Boeta was the only one visibly emotional during the interview. Relatives who were interviewed alluded to Boeta being manipulated by Kelly. 'It is therefore quite possible, if not likely, that Mr Appollis was manipulated by her,' Pietersen said. It was recommended that the court impose a sentence of incarceration. Steveno van Rhyn Image: Mandilakhe Tshwete/Independent Newspapers Van Rhyn The report said van Rhyn, a father to a five-year-old girl, lived with his girlfriend in a two-bedroom house for five years. He completed Grade 6, and fell in with the wrong crowd. During this time, he experimented with 'mood-altering substances'. Van Rhyn admitted to smoking mandrax and using methamphetamine. Relatives described him as easily provoked and someone who would assault persons who angered him. Pietersen's report stated van Rhyn had been encouraged to turn his life around on several occasions but refused. His trial awaiting sentences include: malicious damage to property, assault, housebreaking, theft, and most recently, murder in 2022, as well as possession of a dangerous weapon in 2024. He was previously convicted of robbery in 2014 and 2016, drug trafficking in 2018, and housebreaking in 2020. Pietersen said van Rhyn understands the errors in his ways. 'He has been described as someone who is easily provoked and in light of his many infractions, he is clearly a menace to society,' the court heard. Pietersen said the offender flatly denies any culpability in the matter. 'He acknowledges his substance abuse and continues to deny any involvement in Joshlin's disappearance. In fact, he professed his innocence continually, and blames the police for falsely accusing him, accuses the witnesses of lying, and the judge of being biased. Leniency is further thwarted by his complete lack of remorse. in fact, upon questioning, he callously stated that he does not care what happened to Joshlin Smith,' Pietersen testified. Pietersen called on the court to send van Rhyn to prison. He could not find any redeeming qualities in van Rhyn. 'He has a propensity toward criminal activities and is therefore a threat to society at large. Furthermore, the offender has not shown one iota of remorse,' Pietersen said. He recommended the court impose the maximum sentence. Racquel 'Kelly' Smith was found guilty of kidnapping and trafficking her daughter Joshlin Smith in the Western Cape High Court. Image: Ian Landsberg / Independent Media Kelly In the report, Kelly is said to be smart; she completed her Grade 12 and was employed, even at the time of her arrest. Kelly admits to smoking dagga, which escalated to methemaphetamine. She entered into the Namaqua Treatment Rehabilitation Centre on August 30, 2018, was discharged on October 11, 2018, but relapsed soon thereafter. The report stated Kelly had been struggling with drug addiction. While Kelly is in good health, it was noted she has a history of asthma and was recently diagnosed with hypertension. She was also previously suffering from mild depression, a psychologist stated in 2018, and she was reported to have suicidal ideations. According to the report, Pietersen noted that Kelly had behavioural challenges while in high school and in February 2016, it was reported to the Department of Social Development that she used abusive language and hurled physical threats towards her eldest son. The court also heard of Kelly's heavy-handedness in disciplining her children, who she would frequently slap around their heads and body when angry, hurl verbal abuse and threaten them with physical assault. It was also reported that Kelly abused her relatives, which included her grandmother and aunt. Kelly admits to sourcing and smoking the drugs on the day of Joshlin's disappearance, but vehemently denies any involvement. She has accused the court of being biased, her legal representative as incompetent, the witnesses to be lying under oath, and the community of being misinformed. 'She merely speculated that her daughter could be trafficked as a 'sex slave', but she believes her daughter to be alive,' Pietersen said.
