Judge Nathan Erasmus on Thursday sentenced Jacquen “Boeta” Appollis, Steveno van Rhyn, and Kelly Smith, convicted earlier this month of kidnapping and trafficking Joslin Smith, to 10 years in prison for the former, and life imprisonment for the latter.(Screenshot of trial proceedings)
Judge Nathan Erasmus on Thursday sentenced Jacquen “Boeta” Appollis, Steveno van Rhyn, and Kelly Smith, convicted earlier this month of kidnapping and trafficking Joslin Smith, to 10 years in prison for the former, and life imprisonment for the latter. The sentences are to run concurrently.
There were whoops of joy from the multi-purpose centre in Saldanha Bay, where the trial has been sitting for the past two months, when Erasmus handed down the life sentence.
He said all three would have their names added to the child protection register.
The whereabouts of the child, who was six years old when she went missing on 19 February 2024 from the shack she lived in with Smith, Appollis and two siblings in the Middelpos area of Saldanha, remain unknown.
“This is the most difficult element in any trial,” Erasmus said as he began the sentencing, reiterating that decisions of such magnitude could not be made in anger.
Erasmus reaffirmed that sentencing must strike a balance. While not bound solely by statutory minimums, the seriousness of the crime demanded a severe response.
“I don’t need to stress the seriousness … Kidnapping of a six-year-old, depriving her of freedom of movement and liberty,” he said.
Defence counsel had argued there was no evidence that Joslin was harmed. Erasmus dismissed this claim outright. “There is no merit in such an argument. Depriving someone of liberty and movement cannot at least go without emotional harm.”
While the defence had urged the court to focus on rehabilitation, Erasmus said that in this case, rehabilitation would not be a priority. He commended probation officer Errol Pietersen for his comprehensive pre-sentencing reports on all three accused, produced under tight time constraints at the judge’s own request.
“Pietersen’s report was one of the most comprehensive I have seen,” Erasmus said.
Ultimately, Erasmus found all three equally complicit. “You put the blame on others for treating your child like a commodity, and selling her off. Van Rhyn and Appollis went along — both of them parents. Your daughter, Mr Appollis, would have been three years old at the time.”