Joshlin Smith’s kidnappers and traffickers to appeal sentence – SABC News
The defense lawyers for convicted human kidnappers and traffickers in the Joshlin Smith case have filed notices for leave to appeal in the High Court in Cape Town.
Recently, Joshlin’s mother, Kelly Smith and co-accused Steveno van Rhyn and Jacquen Appollis were sentenced to life imprisonment on child trafficking and kidnapping charges.
The six-year-old Joshlin disappeared from the Middlepos informal settlement in February last year.
[WATCH] Kelly Smith’s mother, Amanda Daniels Smith, says she still wants answers from her regarding the whereabouts of Joshlin Smith. pic.twitter.com/zPPfHYbqhH
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Judge Nathan Erasmus also sentenced the trio to 10 years in jail for kidnapping.
The NPA in the Western Cape confirmed receipt of notices from defence lawyers to apply.
Senior state prosecutor, Advocate Aradhana Heeramun say the prosecution team is ready.
“We will be arguing very strongly that there was no false or misdirection by the judge in this matter. It’s our responsibility of course. We are officers of the court and it’s our duty to uphold justice. If there has been no error or in fact, in law, we will strongly defend the outcome. That is our judgement and sentence. Of course, if the appeal is granted, we are also part of the process thereafter. The process works as follows: if an appeal is diminished by this honorable court, the defense may then be petitioned by the SCA. The SCA can either dismiss it or they refer it to a full bench of this division. Whichever way it goes, the state will be defending this judgement and sentence at every level from here on,” says Heeramun.
The state is also expected to make arguments in the matter of the section 204 witness, Lourentia Lombard on whether she should be granted indemnity.
Heeramun says they will argue for Lombard to be granted indemnity.
“This is enquiry now rests solely with the judge. This 204 witness will be represented. We have already been informed she will be represented throughout the proceedings and a formal enquiry will be heard,” says Heeramun.
Joshlin Smith | Lawyers file appeals in trafficking case: