By Lehlohonolo Lehana.
The Western Cape High Court in Cape Town on Friday, transferred the Joshlin Smith case back to Saldanha Bay for sentencing proceedings.
Victim impact reports from individuals and community members, as well as evidence from a human trafficking expert, are central to the State’s arguments in aggravation of sentencing for the three convicted of kidnapping and trafficking Joshlin Smith.
This is the final phase of the trial, which began on 3 March 2024 in the Western Cape Division of the High Court sitting in the Saldanha Bay Multipurpose Centre, and resulted in the conviction of Racquel “Kelly” Smith, Joshlin’s mother, her boyfriend Jacquen Appollis, and their friend, Steveno van Rhyn, on counts of human trafficking and kidnapping stemming from Joshlin’s disappearance on Monday, 19 February 2024, when she was six years old.
During the proceedings this morning, the trio, who were being detained at Pollsmoor Prison, were told they would be transported closer to Saldanha Bay, where the proceedings would take place at the White City Multipurpose Hall.
Judge Nathan Erasmus ordered that Boeta and van Rhyn be transported back to Malmesbury Prison, where they had been held for the duration of the trial.
Kelly will be moved to Saldanha.
This is to avoid time constraints and bring the accused closer to the venue.
The case will commence on Tuesday, May 27, where sentencing arguments will be expected to take place.
The session will be held over two days.
During this time, legal counsel must explain to the judge why the convicted human traffickers should or should not get the maximum punishment of life imprisonment.
The State is expected to call witnesses in aggravation of sentencing.
Before postponing the matter in court, Judge Erasmus also expressed his displeasure at proceedings starting late on Friday morning.
He wanted to know what happened at Pollsmoor Prison and called one of the court orderlies to explain.
It seems this explanation did not suffice. Judge Erasmus explained that his registrar will be writing a letter to the commissioner of correctional services, and he expects a response by Monday.
“I will determine what happened because this has become a norm in the lower courts, where people arrive late. It is unacceptable,” he said.
The decision to delay came with the anticipation that a key witness from the United States is expected to testify via video link, a critical component that could influence the court’s final decision.