Joshlin Smith's traffickers present arguments to have convictions overturned
Lawyers for Kelly Smith, Jacquen Apollis and Steveno van Rhyn are presenting arguments to have the convictions overturned.
Kelly Smith (right), Jaquen Appollis and Stevano van Rhyn in the Western Cape High Court sitting in the Saldanha Bay Multi-Purpose Centre on 8 April 2025. Picture: Kayleen Morgan/EWN
CAPE TOWN - Counsel for one of the accused in the leave to appeal application in the Joshlin Smith case has claimed that hostility to her client, procedural irregularities, and collusion by the judge ultimately led to an unfair trial.
Lawyers for Kelly Smith, Jacquen Apollis and Steveno van Rhyn are presenting arguments to have the convictions overturned.
They were convicted of kidnapping and trafficking six-year-old Joshlin Smith and were handed life sentences in May this year.
Nobahle Mkhabayi, representing van Rhyn, has concluded her arguments, urging the court to find that errors were made during sentencing and that her client’s rights were compromised, including that the court was biased during the main trial.
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One of the reasons she has listed suggests that the court colluded with a probation officer since the court appointed him to produce a report on the accused, keeping courtroom exchanges tense as the matter unfolded.
"I don’t know where this comes from, and I’m not gonna defend myself. All sorts of allegations are being thrown around, and when I ask for a factual basis so that it can be on record, nothing is forthcoming."
With Mkabayi’s submissions now complete, Kelly’s lawyer and the State are expected to take the stand to lodge their submissions.