The Western Cape High Court is all systems go for sentencing proceedings to go ahead in the missing Joshlin Smith matter at the White City Multipurpose Centre in Diazville next week. 

Judge Nathan Erasmus confirmed the case today, stating that Jacquen Appollis, Steveno van Rhyn, and Racquel Smith will learn their fates. The sentence hearings are scheduled to take place across three days on Tuesday and Wednesday, with the expectation of handing down sentencing on Thursday.

Erasmus transferred the matter back to Saldanha and the accused were transferred to Langebaan and Malmesbury holding cells today until next week. 

The transfers followed a brief high court appearance by the accused earlier today where Judge Erasmus slated police for the delays after the matter was delayed by an hour due to logistical reasons.

The accused had not arrived at the Western Cape High Court by 9.30am when proceedings got under way.  

The delay forced Judge Erasmus to adjourn proceedings while waiting for the accused’s arrival.

Judge Erasmus flogged the police who were responsible for transporting the accused from Pollsmoor Prison and said he required reasons for the delay and would be writing to the Commissioner of Correctional Services to raise the concerns. 

According to the transporting officer, he had arrived at Pollsmoor Prison by 7.30am, but processing for the release of the accused only started at 9am.

“I am going to enquire as to what happened at Pollsmoor this morning because we were delayed by an hour… I am going to let my registrar do a letter to the Commissioner of Correctional Services to provide me with an explanation, which I want in writing by Monday so that I can place it on record by Tuesday,” said Judge Erasmus. 

According to Judge Erasmus, the delay was “unacceptable” as he noticed that the delayed transportation of accused persons was becoming a norm in lower courts.

Meanwhile, all parties indicated that they were ready to go ahead with proceedings next week, save for Appollis, who said he had not yet consulted with a social worker. Judge Erasmus urged that the reports from the experts be ready by Monday and sent to him to ensure no further delays in sentencing proceedings. 

Senior State Advocate Zelda Swanepoel indicated that one witness will appear virtually.

The trio was in a marathon trial for their roles in the disappearance and trafficking of six-year-old Joshlin. She was last seen on February 19, 2024, at her home in Middelpos, Saldanha Bay, and the State alleged that she had been trafficked in a plot masterminded by Smith to sell her daughter for R20 000.

Judge Erasmus added that the court would also have a hearing on the indemnity of State 204 witness, Laurentia Lombaard.

He said the court wants to hear arguments on whether Lombaard would have indemnity for her involvement in Joshlin’s disappearance. 

chevon.booysen@inl.co.za

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