The Western Cape High Court has rejected an application by Joslin Smith’s kidnappers to appeal their convictions and sentences.
Joslin’s mother, Racquel “Kelly” Smith, Jacquen “Boeta” Appollis, and Steveno van Rhyn were handed life sentences for their involvement in the child’s disappearance. They were convicted of human trafficking and kidnapping.
Western Cape High Court Judge Nathan Erasmus dismissed the application, saying he found no reasonable prospect of success.
JUDGE ERASMUS DISMISSES APPLICATION
Judge Erasmus said there was no compelling reason to grant the appeal and explained why the court dismissed their application.
“It can never be said that a sentence of life imprisonment, in particular on count one on the human trafficking of a child, where life imprisonment is imposed with persons [who] have shown no remorse, would be shockingly inappropriate,” said Judge Erasmus.
Meanwhile, another accused, Lourentia Lombaard, has been granted indemnity after turning state witness. Judge Erasmus noted that while Lombaard was aware of the kidnapping arrangements and remained silent, her conduct was not an offence. He added that after the incident, she went along with the fabricated story but played no active role in the kidnapping or trafficking of Joslin.
NPA WELCOMES RULING
Speaking to The Citizen outside court, Western Cape National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said the state was satisfied with the outcome.
He added that the NPA would be prepared to go to the Supreme Court of Appeal to oppose the decision should it be challenged. Meanwhile, police continue their search efforts for Joslin.
DO YOU THINK THE ONGOING SEARCH WILL BRING ANSWERS TO JOSLIN’S DISAPPEARANCE?
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