Missing six-year-old Joshlin Smith’s mother, Racquel ‘Kelly’ Smith, together with her kidnapping and human-trafficking accomplices, will appeal against their conviction and sentence in the Western Cape High Court next month. 

Jacquen Appollis, Steveno van Rhyn, and Smith were each handed a life imprisonment sentence after they were convicted on charges of trafficking in persons for exploitation and kidnapping of a child victim, who has been sold but has still not been found.

They were sentenced on May 29 by Judge Nathan Erasmus after a marathon trial, which was heard over eight weeks, with two days of evidence and arguments in mitigation and aggravation of sentence.

National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, confirmed the appeal will be heard at the Western Cape High Court in Cape Town on August 12 and 13. 

“All three have filed papers challenging both conviction and sentence. The NPA will oppose the applications, and we are confident that there are no prospects of success,” said Ntabazalila.

The court is also expected to deal with State witness Lourentia Lombaard, who testified under Section 204 of the Criminal Procedure Act.

Lombaard was initially arrested with the trio but turned State witness shortly after her arrest.

The court is expected to decide with regard to indemnity and her involvement in the commission of the crimes that led to the convictions and sentences handed down. 

During the trial, Lombaard’s testimony was critically scrutinised by the defence teams due to inconsistencies in her statements, bringing her credibility into question.

Judge Erasmus, when he handed down sentence, said reports and victim impact statements portrayed Smith as “manipulative and manipulating the facts” as it suited her, and said she treated her child as a commodity.  

“(You) went as far as to blame your parents for your conduct in this matter. The evidence presented as to the disappearance of your own daughter was clear. Besides, on one occasion and earlier, I saw no indication of remorse. But it didn’t start there because we know that from 19 February 2024, the lack of concern. Yes, I have to take into account that you have two other minor children, but fortunately, they are being cared for currently,” said Judge Erasmus.

Similarly, Judge Erasmus said to Appollis, who had two previous brushes with the law but which the court placed no emphasis on, that while he is the father of an 11-year-old daughter and was a father figure to Joshlin and her two siblings, he failed to show remorse for his involvement in the crimes. Judge Erasmus also noted that Appollis had “no concern” for Joshlin’s whereabouts. 

About Van Rhyn, who is also a father, Judge Erasmus quoted from probation officer Errol Pietersen’s report, which labelled him a “menace to society who, over and above the abuse and misuse of alcohol and substance abuse, chose a life of crime”, having committed violent crimes of robbery and housebreaking.

At sentencing, all three were also entered into the National Child Protection Register, which prohibits them from ever working with children. 

Joshlin, who is believed to have been sold for R20,000, was reported missing on February 19 last year, and police continue to investigate her disappearance as her whereabouts are still unknown.

chevon.booysen@inl.co.za 

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