Joslin Smith kidnapping case postponed to February

Smith, her boyfriend, Jacquen Appollis, and Steveno van Rhyn face charges of kidnapping and trafficking in persons for exploitation.

This after Joslin mysteriously disappeared on February 19, last year, in Saldanha Bay while in the care of Appollis.

The magistrate stated that Appollis and van Rhyn were not in court due to an administration error.

"My registrar will ensure that the remaining accused are requisitioned to be brought here on the 28th of February. Of course, if they need to have an open pre-trial hearing, then I will make the arrangements through my registrar for them to appear earlier.

"I cannot at this stage speak about a trial date, although I understand the state is keen and that the members of the community are keen for this matter to be finalised; however, we need to ensure that the integrity of the pre-trial processes be adhered to and protected so that ultimately the resources spent on preparing for trial, all the necessary arrangements, resources of funds and time and workforce are not unduly wasted, and that any arrangements regarding a trial date be made after the finalisation of it being declared trial ready.

"There is a proviso that interlocutory issues will be brought to my attention, and I will give directives regarding that where necessary and only in regard to logistical aspects, not issues on merits. I will engage with Justice Erasmus, and similarly, our officers will all engage with each other to ensure that you are also satisfied with that arrangement.

"If by the 28th our pre-trial will proceed and if all arrangements are adequately prepared, then I will declare trial ready, and the trial will proceed on the 3rd (of March). Nothing stops us at this point from establishing over the next week or so whether that is a feasible date or a doable date."

The High Court Judge says there are decisions to have the Joslin Smith trial as a circuit matter.

This as the community of Saldanha Bay and surrounding areas have shown interest in the court matter.

She says the matter will be heard in an appropriate forum in the Saldanha area.

"That community has got a substantial interest in the matter and would like to attend and the access to justice being a fundamental principle, we would obviously need to accommodate that factor and for that reason the matter will be heard in an appropriate forum in what I understand to be the Saldanha area.

"I am further informed that the venue will have to be either a municipal town hall, for that there has been provisional permission given by the municipality, but the appropriateness of that venue for a number of reasons, adequacy of the hearing of the matter, the security aspects for both the accused, for all concerned, and the adequacy to in fact proceed as a trial must all be established.

"Furthermore, that will require in all likelihood the judge that's allocated to the matter, together with relevant members of the OCJ, court manager, and yourselves as interested counsel, to attend what you could call a demarcation inspection.

"We are dealing with human trafficking and kidnapping charge of a young child, a young little girl, in the absence of any further charges or amendments by the state, we must presume that little Joslin is still alive."

ALSO READ