In a landmark ruling that sent shockwaves through the Saldanha community and beyond, Judge Nathan Erasmus sentenced Jacquen ‘Boeta’ Appollis, Steveno van Rhyn, and Kelly Smith to life imprisonment for their roles in the kidnapping and human trafficking of missing child Joshlin Smith. The sentencing, delivered in a tense courtroom on Thursday, underscored the severity of the crimes and the impact on the community.
Judge Erasmus did not mince his words as he addressed each of the accused individually, highlighting their lack of remorse and failure to take accountability. The court heard how Joshlin, a vulnerable child, grew up in a community overwhelmed by social challenges, including rampant drug abuse and poverty.
Erasmus emphasized the role of the court in upholding justice while acknowledging the importance of deterrence and rehabilitation. However, he noted that in this case, not one of the accused had shown any regret or provided information that could lead to Joshlin’s whereabouts.
Speaking directly to Appollis, the judge criticized his failure as a father figure to Joshlin and her siblings. Van Rhyn, whom Erasmus described as a persistent offender, was admonished for squandering every chance to reform and for showing no concern for the court or the victim. Addressing Kelly Smith, Erasmus described her behavior as manipulative, particularly for attempting to shift the blame to her own parents.
Despite claims that the trio had been under the influence of substances at the time of the crime, Erasmus firmly rejected this as a mitigating factor. He stated, “You had enough time to speak and come clean,” noting that all three had failed to do so during the trial.
In addition to life sentences for human trafficking, the trio received 10-year sentences for kidnapping, to be served concurrently. The prosecution also successfully requested that the names of the convicted be placed on the National Child Protection Register, ensuring that they are barred from working with children in the future.
The sentencing was attended by key figures, including Western Cape Police Commissioner Lieutenant General Thembisile Patekile and MEC for Police Oversight and Community Safety Anroux Marais, both of whom expressed their support for the ruling.
Speaking after the sentencing, Joshlin’s father, Jose Emke, expressed mixed emotions. “I will not be satisfied until I hear my daughter’s voice and see her face. We still don’t know where she is. Why won’t Kelly just tell the truth?” he said.
Judge Erasmus also denied the defence’s application for leave to appeal, although a future date may be set after both sides have had time to consider their positions. The convicts were not present during this portion of the proceedings.
Commissioner Patekile praised the SAPS investigative team for their unwavering dedication. He reaffirmed that the search for Joshlin remains active, stating, “While this ruling offers a measure of justice, it does not end the investigation. We will continue to pursue every possible lead to find Joshlin and bring full closure to her family.”
The ruling stands as a stark warning to those who exploit vulnerable children, reinforcing the message that justice will be served.