The Western Cape High Court has 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 29 May, 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.
In his ruling on Wednesday, he said: “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.”
Earlier, Erasmus granted indemnity to Section 204 witness Lourentia Lombaard.
Lombaard was the State’s star witness in the trial over the disappearance of the green-eyed girl from Middelpos, Saldanha.
Joshlin Smith has been missing since 19 February 2024.
Initially arrested and charged alongside the trio, Lombaard later opted to become a Section 204 witness, providing evidence that helped secure convictions against the trio .
Judge Erasmus reiterated that she may not be prosecuted on charges related to trafficking in persons or kidnapping in the matter.
Lombaard’s testimony blew the case right open and sent shockwaves through the courtroom when she revealed that Joshlin had been sold for R20,000.
She testified Kelly had promised to pay her R1 000 and Steveno R1 200, the rest of the money would be spent between her and Boeta.
However, Lombaard claimed she never received the money. She even went into detail about how they planned on how Joshlin would ‘disappear’, and she told the court how she saw Joshlin loaded into the same vehicle with the same woman on 19 February 2024.
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