Cape Town – The Western Cape High Court in Saldanha Bay is expected to finalise sentencing arrangements on Friday for those convicted in the kidnapping of six-year-old Joshlin Smith.
The trio have returned to court for pre-sentencing proceedings, primarily to schedule a date for the sentencing hearing.
Last week, Judge Nathan Erasmus found Joshlin’s mother, Kelly Smith, along with Jacquen Appollis and Steveno van Rhyn, guilty of kidnapping and trafficking the child for payment or promised payment.
The judge criticised Kelly and Appollis for their suspicious behaviour and lack of involvement in the search, suggesting they were aware of Joshlin’s fate.
“You are guilty of… trafficking in persons in relation to Joshlin Smith. On count two, you are also convicted of kidnapping,” Erasmus told the three accused, none of whom took the stand.
He added: “This case is about a young child, Joshlin, who went missing. And, still is missing. There’s a saying that says it takes a village to raise a child. It’s a saying that means a person is a person through another person. It means a child needs to be protected.”
The court heard that Kelly had a long history of addiction and neglect, and attempts by others to adopt Joshlin were allegedly a motive for selling her.
Defence attorneys argued the case relied heavily on testimony from key witness Lourentia “Rens” Lombard, whose credibility was questioned due to prior drug use and inconsistent statements.
Despite this, the judge accepted her testimony and ruled that the state had successfully proven the charges.
Joshlin remains missing.
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Compiled by Betha Madhomu