Lawyers representing Kelly Smith, Jacquen Appollis, and Steveno van Rhyn have confirmed they are seeking permission to appeal the convictions and life sentences handed down for the trafficking and kidnapping of six-year-old Joshlin Smith.
Kelly Smith and co-accused file for leave to appeal convictions
The move comes just over a week after the Western Cape High Court delivered its final ruling in the case.
Advocate Nobahle Mkabayi, representing Van Rhyn, has already filed the necessary paperwork to request what is called “leave to appeal.”
This is the first legal step an accused person takes to challenge a court’s decision.
If the court grants this request, the appeal process begins. If the request is denied, the lawyers can try to take the matter further by approaching a higher court, like the Supreme Court of Appeal.
State prosecutors are preparing to oppose these efforts. Senior State Advocate Aradhana Heeramun said:
“We are confident that the outcome was sound. When the appeal is lodged, we will be parties to that and we will be opposing and defending the integrity of the outcome of the case.”
Heeramun added:
“We will be defending the judgment with full force at every level.”
Advocate Zelda Swanepoel explained the process simply:
“This is the first part that has to be done and it’s the application for leave to appeal that must be done within 14 days. If at this stage the court grants them leave to appeal the matter will then go to a full bench.”
That means three judges will sit together to hear the appeal, and review the evidence and judgment again.
If the three judges dismiss the appeal, the defence can still try to take the case to the Supreme Court of Appeal in Bloemfontein, though that court only hears matters it believes have a chance of changing the law or correcting an important error.
What about Lourentia Lombaard?
The court has not yet set a date for the appeal request hearing, and there is also no update on when a similar application from co-accused Lourentia Lombaard will be heard.
Lombaard, previously granted bail, remains out of custody and is expected to face her own legal process in connection with the case.
In the original trial, Judge Nathan Erasmus handed down life sentences to Smith, Appollis, and van Rhyn for trafficking, plus 10 years each for kidnapping.
He ruled their actions caused deep harm to the community of Diazville and made clear that none of them showed remorse.
The case was tried under South Africa’s PACO TIP Act, which deals with the prevention and punishment of human trafficking.
