By Lehlohonolo Lehana.
The convicted kidnappers in the six year-old Joshlin Smith case have failed in their bid for leave to appeal their life sentences and convictions.
The trio, Joshlin’s mother Kelly ‘Racquel’ Smith, boyfriend Jacquen ‘Boeta’ Appollis, and friend Steveno van Rhyn, were sentenced to life imprisonment, with an additional ten years each, for the human trafficking and kidnapping of the missing six-year-old.
They are currently in their third week of serving their life sentences in prison.
The trio approached the court in a bid to have their life sentences overturned.
Judge Nathan Erasmus handed down his decision:”The reason for the findings on both the merits and the sentence was fully set out; I need not add thereto. Insofar as it relates to teh sentence, it is clear that it can never be said that a sentence of life imprisonment, in particular on count one, the human trafficking of a child, where life imprisonment is imposed, where persons have shown no remorse, would be shockingly inappropriate. For that reason, leave on the sentence should be refused.”
“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. There was nothing indicated to, in my view, that would indicate that there is a reasonable prospect for success on appeal. Consequently, the application for leave to appeal, insofar as Appollis on the conviction is refused. Insofar as it relates to Van Rhyn and Ms Smith, it is similarly refused.”
Judge Erasmus also dealt with the Section 204 witness, Laurentia ‘Renz’ Lombaard, and whether she should be criminally charged, following her testimony after turning state witness during the trial.
Lombaard sought indemnity over her role in the disappearance of the child.
Her lawyer argued that she played a crucial role in assisting the state to secure the convictions against Smith, Appollis, and Van Rhyn.
The judge highlighted that Lombaard offered two versions in the statement before and after her arrest. He, however, also acknowledged that the witness owned up to her mistakes.
“I’m of the view that you should be granted indemnity for the following offenses: contravention of section 4 and other relevant sections of the Trafficking in Persons for the Purpose of Exploitation Act, and all the alternatives that thereto under section 10 and derivatives read with 11 that you were cautioned of. You should also be indemnified on a charge of kidnapping in respect of Joshlin Smith, and any of the competent verdicts on those offences.
“This decision is arrived at after consideration, in particular, your part in the offense. Which is the following: you were aware that the arrangements were made and said nothing, but that’s not an offence. After the incident happened, you kept quiet as to the commission of the offense and went along with the story that was told by the others.”
The court found that, other than not reporting the plans, Lombaard played no active role in the kidnapping and trafficking of Joshlin.
The National Prosecuting Authority (NPA) said it will oppose any further appeals by the three, should they take their case to the Supreme Court of Appeal (SCA).
Speaking to the media outside the court, Western Cape NPA spokesperson Eric Ntabazalila said the state was satisfied with the outcome of the proceedings.
Ntabazalila indicated that the state had not yet been told whether the defence intended to appeal the latest judgment.
“We will go to the SCA and still oppose their decision to appeal. We believe there is no other court that can come to a different conclusion than what this court has taken.”