Defence Lawyers Fight to Overturn Life Sentences in Joshlin Smith Case

The battle over the fate of three convicted in the disappearance of six-year-old Joshlin Smith is far from over. In the Western Cape High Court, defence counsel are pressing hard to have their clients’ life sentences overturned, arguing that crucial evidence was mishandled and testimony ignored.

A haunting case that shook Saldanha Bay

Joshlin vanished from her Saldanha Bay home in early 2024, sparking a search that gripped the nation. When the dust settled, her mother, Kelly Smith, her boyfriend Jacquen “Boeta” Appollis, and their acquaintance Steveno van Rhyn were found guilty of trafficking in persons and kidnapping. On 29 May, they were sentenced to life plus ten years each, a judgment many saw as a strong stance against child trafficking.

But inside the courtroom this week, the tone has shifted from justice served to justice questioned.

Overlooked voices and missing suspects

On Tuesday, Boeta’s lawyer, Fannie Harmse, claimed that the court failed to fully consider certain statements during the trial. He suggested that if those statements had been weighed properly, more people could have faced charges — including Phumza “Makalima” Sigaqa, who was initially arrested with the group but later released.

Harmse also leaned on testimony from the state’s Section 204 witness, former accused Laurentia Lombaard, who told the court that Boeta “wanted nothing to do” with the plan to sell Joshlin. According to her, Kelly took a phone call in English and then told Boeta someone “wanted Joshlin,” but he refused to engage.

Claims of a coerced confession

Representing Van Rhyn, advocate Nobahle Mkabayi accused the court of presiding over an unfair trial. She argued that Van Rhyn’s confession was not only coerced but obtained under duress, claiming officers used suffocation tactics and never informed him of his basic rights, including the right to remain silent or seek legal representation.

Mkabayi insisted this was raised in the trial-within-a-trial, but the presiding judge failed to explicitly rule on whether the confession was admissible. “The court was silent on that point,” she said, adding that she counted “more than 37 interferences” by the bench during proceedings.

What’s next in court

Judge Nathan Erasmus pressed Mkabayi on where the supporting evidence was in the main trial. She maintained it was already on record from earlier proceedings. Arguments are expected to continue on Wednesday, with both defence teams hoping to convince the court that procedural missteps and ignored testimony merit a fresh look at the verdicts.

Public sentiment remains raw

In Saldanha Bay, emotions around the case still run deep. For many locals, the appeal feels like reopening an old wound in a community still searching for answers about what happened to Joshlin. On social media, some call the appeal a desperate legal gamble, while others say every accused, no matter the crime, deserves a fair trial without question marks over due process.

The High Court’s eventual decision will not only determine the fate of Smith, Appollis, and Van Rhyn, but could also shape public trust in how South Africa’s justice system handles its most harrowing cases.

{Source: IOL}

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