Joslin Smith: Mom 'likely mastermind', court hears

During sentencing proceedings in the Joslin Smith matter on Tuesday, veteran probation officer Errol Pietersen addressed the Western Cape High Court sitting in Saldanha Bay, delivering a blunt and detailed pre-sentencing report.

Pietersen, who holds a degree in social work and criminology and has 16 years of experience, evaluated the three accused, Jacquen "Boeta" Appollis, Steveno van Rhyn, and Joslin’s mother, Kelly Smith, at Pollsmoor Prison.

He told the court that Van Rhyn denied any involvement in the disappearance of Joslin Smith.

"He professed his innocence continually and blames the police for falsely accusing him, accuses the witnesses of lying and the judge of being biased. The undersigned can therefore find no room for mercy or absolution.

"Leniency is further thwarted by his complete lack of remorse. In fact, upon questioning, he carelessly stated that he does not care what happened to Joslin Smith."

Pietersen described Van Rhyn as someone who has a lengthy criminal history, including relatively recent convictions for robbery, drug trafficking, and housebreaking.

He is still awaiting sentencing on further charges, including malicious damage to property, assault, theft, and a 2022 murder.

During their interaction at Pollsmoor Prison, Pietersen said Van Rhyn acknowledged his drug use, but flatly denies involvement in Joslin's disappearance, blaming police, witnesses, and even the judge.

Pietersen found him unremorseful and emotionally detached, quoting him as saying, he does not care what happened to Joslin Smith.

The probation officer told the court that Van Rhyn had a propensity toward criminal activities and showed no remorse, and he urged the court to impose the maximum sentence.

In the same court, Pietersen suggested that co-accused Kelly Smith may have manipulated Jacquen “Boeta” Appollis.

He described Appollis as a quiet, respectful man whose life was derailed by drug use.

He noted inconsistencies in Appollis’s story, including the false claim that Joslin Smith went to school on the day she disappeared.

Pietersen said even Appollis’s relatives believed Kelly may have influenced him.

"Of the three offenders, he is the only one who had been visibly in motion during the interview. Ms Priscilla Collare, who had known Raquel (Kelly) Smith throughout her life, attested to Raquel's (Kelly) penchant towards manipulation. It is therefore quite possible, if not likely, that Mr Apollis had been manipulated."

Despite this, he recommended a custodial sentence due to the seriousness of the crime.

Appollis, who is the boyfriend of Joslin's mum, was described as quiet and reserved, and he admitted to using dagga, mandrax, and tik, as well as alcohol.

Pietersen said Appollis is in good health and reportedly free of psychological issues.

During their interaction, the probation officer said Appollis expressed fear over the case's outcome.

He is the father of two young daughters. He dropped out of school early but was never considered a troublemaker, and once played club rugby.

He has prior convictions for contempt of court, theft, and violating the Marine Resources Act.

Pietersen said he found him generally respectful and considerate, suggesting drugs derailed what could have been a law-abiding life.

During their discussion, Pietersen said Appollis grew emotional when the trauma Joslin might have suffered was discussed, particularly when reminded of his children.

Appollis claimed Joslin went to school on the day she disappeared, but fell silent when this was disproved in court.

The officer further described Kelly Smith as the likely mastermind behind the trafficking of her daughter, Joslin Smith.

Kelly was the only accused who had completed matric and was employed at the time of her arrest.

Despite this, she had a history of drug abuse, health issues, and displayed manipulative behaviour during interviews.

Pietersen said Kelly fabricated elements of her personal history and was seen as controlling by those close to her.

"In the first instance, she fabricated bold-faced lies about being rejected by her parents and secondly claimed to have been sexually abused as a child. Also, consider that the mother of the co-offender, Margaret Abrams, as well as Raquel Smith's maternal aunt, Priscilla Collare, was described as manipulative.

"It is therefore not a stretch to conclude that Raquel Smith is the mastermind behind the trafficking of her own daughter. It is also quite disconcerting that Ms Smith violated her daughter's trust in her, not only as her provider but also as her protector.

"The drug abuse of the accused contributed to the inconsistency of the care and supervision of her children. Although she received substance abuse treatment, she has not internalised the programme's objectives. Thus, her behaviour throughout was that of an unreliable adult."

She has a documented history of drug abuse and attended rehab in 2018 but relapsed soon after.

Pietersen said that although Kelly is generally in good health, she suffers from asthma, hypertension, and has a past diagnosis of mild depression and suicidal thoughts.

Pietersen noted that she was disengaged during their interview and appeared to fabricate parts of her personal history.

"In the first instance, she fabricated bold-faced lies about being rejected by her parents and secondly, claimed to have been sexually abused as a child," he said.

He recommended custodial sentences for all three, citing the gravity of the crime and the lack of remorse shown.

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