Joshlin Smith: Lawyers for convicted kidnappers eye SCA after appeal bid dismissed
Two of the lawyers representing the trio suggested they may be headed to the Supreme Court of Appeal (SCA) in an extended effort to overturn their clients’ convictions.
FILE: Kelly Smith (right), Jacquen Appollis and Stevano van Rhyn at the Western Cape High Court sitting at the Saldanha Bay Multi-Purpose Centre on 11 March 2025. Picture: Carlo Petersen/EWN
CAPE TOWN - Lawyers for three convicted kidnappers in the Joshlin Smith matter are considering taking the case to a higher court after their clients were denied leave to appeal their convictions and sentences by the Western Cape High Court.
On Wednesday, Judge Nathan Erasmus ruled that their arguments held no weight and dismissed the view of an unfair trial.
Joshlin’s mother, Kelly Smith, Jacquen Appolis and Steveno van Rhyn were sentenced to life in prison for human trafficking, and ten years each for the kidnapping of the little girl, who went missing in February last year and is yet to be found.
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Two of the lawyers representing the trio suggested they may be headed to the Supreme Court of Appeal (SCA) in an extended effort to overturn their clients’ convictions.
However, Western Cape National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, said the defence has not yet formally notified the State about its intention to approach the SCA.
He added that the planned bid was unlikely to succeed.
"We believe that there is no other court that can come to a different conclusion than the decision that was taken by Judge Erasmus, so even if they go to the SCA, we’ll go and argue the same as we’ve argued here."
The defence now has 21 days from the ruling to petition the SCA, while the State remains confident the convictions will stand.