Defence launches fierce attack on State's handling of Joshlin Smith case

THE appeal of the convicted kidnappers in the Joshlin Smith case has seen the defence question the State's handling of the matter, accusing the prosecution of trampling on constitutional rights, hiding crucial evidence, and relying on coerced confessions.

- MANDILAKHE TSHWETE [e-mail]

Joshlin vanished from her Middelpos home in Saldanha Bay on February 19, 2024. The Western Cape High Court is hearing the appeal against the conviction and sentences handed down to Racquel “Kelly” Smith, Jacquen Appollis, and Steveno Van Rhyn. They were found guilty of kidnapping and human trafficking in connection with Joshlin's disappearance and received life sentences.

Advocate Nobahle Mkabayi, who represents Van Rhyn, said the “case was compromised from the start”.

She said her client was unlawfully detained for more than 48 hours before his first court appearance on March 7, 2024, a direct breach of his rights.

She added that the defence received the docket only two weeks before the trial, and even then, it was incomplete. “We had to climb the mountain of fetching the contents ourselves. It is unconstitutional to shift that duty to the defence,” she said, adding that the limited preparation time made it impossible to consult witnesses, strategise, or fully assess video evidence.