Probation officer calls for maximum penalty in Joshlin Smith trial

The probation officer took the stand during sentencing proceedings for the Joshlin Smith matter on Tuesday, and he did not mince his words. 

Errol Daniel Pietersen has a bachelor's degree in social work and criminology and has 16 years of experience under his belt. 

In his pre-sentencing report, requested by the Western Cape High Court, Pietersen detailed the background, education, work, drug use, behavioural, and evaluation conducted with Jacquen ‘Boeta’ Appollis, Steveno van Rhyn, and Kelly Smith at Pollsmoor Prison. 

Pietersen’s report is usually taken into consideration by the court to determine whether a convicted person has any hope of rehabilitation. 

The reports for all three convicted child kidnappers and human traffickers were read into the court record. 

Boeta

In the report, Boeta is described as a quiet and reserved character. He has admitted smoking dagga, mandrax, and methamphetamine (tik) as well as drinking alcohol. 

He has been described as being in good health and suffers from no psychological issues, but fears the outcome of this matter. 

The court heard Boeta has two daughters, ages five and 11 years old. 

Though he had dropped out of school early, he was never troublesome. At one stage he was involved in club rugby, and conducted himself within socially acceptable norms. 

Boeta had a previous conviction for contempt of court and spent 30 days behind bars. He also has a conviction for theft and violating the Marine Resources Act. 

In his evaluation, Pietersen found Boeta to be someone with an easy demeanour who is respectable and considerate of others. He explained that had it not been for drugs, Boeta may have lived a good, law-abiding life. However, it was disturbing that he continued to profess his innocence. 

The court heard Boeta got ‘visibly emotional’ when it was relayed that Joshlin must have been traumatised. He was close to tears upon being reminded he has two girls of his own and the effect it would have on them. 

When describing what happened that day, Boeta claimed Joshlin went to school. When his lie was pointed out, as Joshlin never went to school on February 19, 2024, he became silent. It was noted in Pietersen’s report that Boeta was the only one visibly emotional during the interview. Relatives who were interviewed alluded to Boeta being manipulated by Kelly. 

“It is therefore quite possible, if not likely, that Mr Appollis was manipulated by her,” Pietersen said. 

It was recommended that the court impose a sentence of incarceration. 

Van Rhyn

The report said van Rhyn, a father to a five-year-old girl, lived with his girlfriend in a two-bedroom house for five years. He completed Grade 6, and fell in with the wrong crowd. During this time, he experimented with ‘mood-altering substances’. Van Rhyn admitted to smoking mandrax and using methamphetamine. Relatives described him as easily provoked and someone who would assault persons who angered him. 

Pietersen’s report stated van Rhyn had been encouraged to turn his life around on several occasions but refused. 

His trial awaiting sentences include: malicious damage to property, assault, housebreaking, theft, and most recently, murder in 2022, as well as possession of a dangerous weapon in 2024. 

He was previously convicted of robbery in 2014 and 2016, drug trafficking in 2018, and housebreaking in 2020. 

Pietersen said van Rhyn understands the errors in his ways. 

“He has been described as someone who is easily provoked and in light of his many infractions, he is clearly a menace to society,” the court heard. 

Pietersen said the offender flatly denies any culpability in the matter. 

“He acknowledges his substance abuse and continues to deny any involvement in Joshlin’s disappearance. In fact, he professed his innocence continually, and blames the police for falsely accusing him, accuses the witnesses of lying, and the judge of being biased. Leniency is further thwarted by his complete lack of remorse. in fact, upon questioning, he callously stated that he does not care what happened to Joshlin Smith,” Pietersen testified. 

Pietersen called on the court to send van Rhyn to prison. He could not find any redeeming qualities in van Rhyn. 

“He has a propensity toward criminal activities and is therefore a threat to society at large. Furthermore, the offender has not shown one iota of remorse,” Pietersen said. 

He recommended the court impose the maximum sentence.

Kelly

In the report, Kelly is said to be smart; she completed her Grade 12 and was employed, even at the time of her arrest. 

Kelly admits to smoking dagga, which escalated to methemaphetamine. She entered into the Namaqua Treatment Rehabilitation Centre on August 30, 2018, was discharged on October 11, 2018, but relapsed soon thereafter. 

The report stated Kelly had been struggling with drug addiction. 

While Kelly is in good health, it was noted she has a history of asthma and was recently diagnosed with hypertension. She was also previously suffering from mild depression, a psychologist stated in 2018, and she was reported to have suicidal ideations. 

According to the report, Pietersen noted that Kelly had behavioural challenges while in high school and in February 2016, it was reported to the Department of Social Development that she used abusive language and hurled physical threats towards her eldest son. 

The court also heard of Kelly’s heavy-handedness in disciplining her children, who she would frequently slap around their heads and body when angry, hurl verbal abuse and threaten them with physical assault. It was also reported that Kelly abused her relatives, which included her grandmother and aunt. 

Kelly admits to sourcing and smoking the drugs on the day of Joshlin’s disappearance, but vehemently denies any involvement. She has accused the court of being biased, her legal representative as incompetent, the witnesses to be lying under oath, and the community of being misinformed. 

“She merely speculated that her daughter could be trafficked as a ‘sex slave’, but she believes her daughter to be alive,” Pietersen said. 

Pietersen said during his interview with Kelly that she appeared disengaged and demonstrated a lack of awareness regarding the gravity of the incident. 

She attempted to hoodwink him with falsehoods. 

“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,” Pieterson said. 

Those close to her have described Kelly as manipulative. 

“It is therefore not a stretch to conclude that Kelly Smith is the mastermind behind the trafficking of her own daughter,” Pieterson said. 

He found that it was in the best interest of Kelly’s remaining children to be cared for in a family environment where parental responsibility is taken seriously. 

Pietersen noted he could find no redeeming qualities in Kelly. 

“Her primary concern during the interview with her was for herself, i.e., attempting to convince the court to deviate from the minimum prescribed sentence. Several aggravating factors must be taken into account. Kelly Smith’s coercion of others in carrying out the offence, abusing her child’s vulnerability, using deception, abusing her power, and not least of which, the receiving payment,” Pietersen said. 

Pietersen called for the court to impose the maximum penalty under the law when handing down its sentence for Kelly Smith. 

Cape Argus