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Justice for Joshlin Smith: Sentenced trio set to appeal their convictions

Mandilakhe Tshwete|Published

The trio of Jacquen ‘Boeta’ Appollis, Steveno van Rhyn, and Kelly Smith, were sentenced to life imprisonment for the kidnapping and trafficking in persons of Joshlin Smith.

Image: Ayanda Ndamane/Independent Newspapers

MINUTES after receiving life sentences, the three individuals convicted of kidnapping and trafficking six-year-old Joshlin Smith indicated their intention to appeal the ruling.

Joshlin’s mother, Racquel ‘Kelly’ Smith, her boyfriend Jacquen ‘Boeta’ Appollis, and family acquaintance Steveno ‘Steffie’ van Rhyn were found guilty in the Western Cape High Court following the child’s disappearance from her Middelpos, Saldanha Bay home on 19 February 2024. The court heard that Joshlin was sold for R20,000.

Van Rhyn’s legal representative, Advocate Nobahle Mkabayi, said their fight was not over.

“I have spoken to my client and he is fine. I maintain that my client is innocent; he only tried to sell a microwave. He was in the wrong place at the wrong time and did not know about this crime. The matter is still pending and going on appeal.”

As the three were led away to begin serving life behind bars, the courtroom and community remained united by grief and unanswered questions.

Joshlin’s godmother, Natasha Andrews, said the silence from the trio during sentencing deepened the family’s pain.

“She was our baby daughter. She lived with us, ate, and went on holidays with us, we did everything for her.

"They were given a chance to say something, anything that could have helped us find her, but they said nothing. Kelly didn’t even shed a tear. If they wanted to help, they would have. That chance is gone, and now we just hope one day we find her.”

Joshlin's two grandmothers, Amanda Smith-Daniels and Louretta Yon, hug after the court handed life sentences to the kidnappers of Joshlin Smith.

Image: Ayanda Ndamane/IndependentNewspapers

Andrews said she visited Kelly after sentencing.

“She was sobbing, but at the end of the day, we still don’t have answers. I remain hopeful that Joshlin will be found. We are not going to give up. Kelly accepted me into her life and into Joshlin’s life. I’ll never stop visiting her until we have an answer.”

For many in Saldanha Bay, the sentencing brought a sense of justice but not closure.

Resident Chane Biggs, who has been actively involved in the case, said: “After the sentencing, I felt overwhelmed but happy with the outcome.

"It’s still heartbreaking because we don’t know where Joshlin is, but we’ll never give up. By faith, we’re going to find her. I agree with what the judge said, they’ve shown no remorse since the day she went missing.”

Biggs described the case as an eye-opener.

"I hope it serves as a lesson for everyone to protect our children.”

Prominent anti-gender-based violence activist June Dolley-Major said the justice system had done its part, but real justice would only be served when Joshlin is found.

“The fight still continues. The search still continues until we find her. I feel some relief, along with the community, but this also highlights the ongoing struggles in communities like Middelpos, where so many children like Joshlin are suffering. What happens next? Do we forget Saldanha? Or do we begin to address the social ills that lead to tragedies like this?”

Joshlin’s paternal grandmother, Louretta Yon, speaks to the media after Kelly Smith and the other co-accused were sentenced to life imprisonment for kidnapping Joshlin Smith.

Image: Ayanda Ndamane/IndependentNewspapers

Joshlin’s paternal grandmother, Louretta Yon, said: “What Kelly did was harsh. I know Boeta, he came to my house before. I want to ask him why he didn’t come to my house that day.

"Maybe one day she will tell the truth about what happened to Joshlin. I don’t want to say anything to Kelly now.”

Kelly’s mother, Amanda Smith-Daniels, Kelly Smith's mother and the grandmother to Joshlin Smith, arriving in court before the sentencing.

Image: Ayanda Ndamane/IndependentNewspapers

Kelly’s mother, Amanda Smith-Daniels, expressed her anguish.

“It’s hurtful. I will be their mother, and I will raise them. She did the crime, and the law must take its course. It’s not nice that my child has to spend her life in jail, but she did something wrong and must deal with the consequences.”

Smith-Daniels said the last time she spoke to Kelly "she said she would take the stand, but she didn’t. She didn’t say what she would have said. I love her. I’m her mother".

"My love will never vanish, because no parent can bury their love. I had a son who passed on, I still cry every day. My love for her will never disappear. I’m a total wreck. I’ve been depressed since this case started.”

GONE: Joshlin Smith has been missing since February 19, 2024.

Image: Supplied

Despite the sentencing, Provincial Police Commissioner Lieutenant-General Thembisile Patekile said authorities are still actively searching for Joshlin.

“The investigation remains open. We continue to follow every lead,” he said.

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