Accused found guilty in Joshlin Smith case

All three accused in the case of missing Joshlin Smith have been found guilty on charges of kidnapping and human trafficking by the Western Cape High Court sitting in Saldanha Bay.

PICTURED: Joshlin Smith

Joshlin's mother Kelly, her boyfriend Jacquin Appollis and Steveno van Rhyn previously pleaded not guilty, and a trial within a trial was held to determine the admissibility of Appollis and Van Rhyn confession statements. The statements were accepted as evidence in the main trial.

Judge Nathan Erasmus delivered his judgment on Friday afternoon.

“I am of the view that the state succeeded in proving the guilt of Mr Appollis, Mr van Rhyn, and Miss Smith on count one and on count two.”

Members of the public attending the proceedings broke out in applause when judge Erasmus convicted Smith, prompting him to appeal for calm.

“Please just bear with us. I know that it is emotional, and I understand the expression of your emotions.  Let us complete our process that we need to do,” he said.

Meanwhile, Erasmus highlighted the conduct of Joshlin Smith's mother, just days after the child was reported missing, as concerning. He reflected on witness testimonies before delivering a guilty verdict.

“She comes home at five or quarter-to-five; on the one version she was aware that Joshlin was not at home at lunch time; then why not go and look for the child? Then you do, but you find it more appropriate to go and charge your phone instead of looking for the child. Then, you tell everybody that your child made you famous. Then you go and jive on the third of March.”

Kelly admitted to smoking drugs twice on the day her daughter went missing. At the time of her disappearance, she was supposed to be with her mother's boyfriend, Jacquin Appollis.

The court heard that Van Rhyn had several previous convictions against him. Judge Erasmus said the evidence of 35 state witnesses led him to find that Smith, 35, and her two co-accused -- a boyfriend and a mutual friend -- were guilty on the charges of human trafficking and kidnapping.

"I have already found that on the evidence before me, Joslin was exchanged The evidence is from all scores there were payments, or at least the promise of payments," he said, accusing Smith of regarding her daughter, who was aged six when she disappeared, as a "commodity".

Pre-sentencing proceedings will get underway soon with the state indicating that it will lead evidence.

Western Cape police commissioner, Lieutenant General Thembisile Patekile has welcomed the verdict in the case against the three accused in the Joslin Smith trial.

‘’Lt General Patekile commended both the investigation and prosecution teams for a job well done under difficult circumstances. He praised lead investigator Captain Wesley Lombard and Brigadier Leon Hanana who ensured that a strong case was presented before court. Lt General Patekile confirmed the missing person investigation is still open for investigation as Joshlin Smith has not been found,’’ said Brigadier Novela Potelwa, Western Cape police spokesperson

 

Done by: Mitchum George