Joslin Smith: State urges maximum sentences
State Prosecutor Zelda Swanepoel has called on the Western Cape High Court to impose life sentences on the three convicted in connection with the disappearance of six-year-old Joslin Smith.
The 6-year-old went missing in February last year.
Swanepoel addressed the court during sentencing proceedings on Wednesday, arguing that there were no substantial or compelling circumstances to justify leniency for the accused — Jacquen “Boeta” Appollis, Steveno van Rhyn, and Joslin’s mother, Kelly Smith.
All three were convicted of kidnapping and human trafficking.
"There shouldn't be any differentiation between them, despite the fact that Accused 2 has so much more previous convictions. Life imprisonment is the appropriate sentence," said Swanepoel.
She also requested that the trio’s names be entered into the Child Protection Register under Section 120 of the Children’s Act, barring them from working with children in the future.
The matter, presided over by Judge Nathan Erasmus at the White City Multipurpose Centre in Saldanha Bay, is expected to conclude on Thursday when sentencing is handed down.
Earlier in the day, the courtroom was temporarily adjourned after Kelly Smith broke down in tears when a video of Joslin laughing was played as part of victim impact statements. The emotional moment came as defence attorneys began presenting arguments in mitigation of sentencing.
Jacquen Appollis’s lawyer, Fanie Harmse, urged the court to consider his client’s background, pointing out his relatively minor prior convictions and claiming Appollis acted under instruction.
Van Rhyn’s legal representative, Nobahla Mkabayi, told the court her client was open to rehabilitation, despite maintaining his innocence.
Meanwhile, Rinesh Sivnarain, representing Kelly Smith, appealed to the court to weigh her personal circumstances when delivering judgment.
The State maintains that the severity of the crime and the lack of remorse shown by the accused justifies the harshest possible penalty.
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