Joshlin Smith: Sentencing expected on May 29
The Western Cape High Court has postponed sentencing proceedings in the Joshlin Smith disappearance case to May 29.
This sentencing procedure will begin on May 27 with arguments in mitigation and aggravation of sentence.
Kelly Smith, Jacqen Appolis and Steven Van Rhyn are then expected to hear their fate on 29 May.
Last Friday, the 7-year-old’s mother and her two co-accused were convicted of kidnapping and trafficking Joslin, who went missing in February last year whilst in the care of Appolis.
Judge Nathan Erasmus ordered that the three accused be detained , for the purposes of consulting with the defence council, work to be done by social workers for the report, and final appearances in the matter.
"I've been informed by the state that they intend to lead evidence on what is called victim impact statements. This will in all probability be the evidence of social workers, one or more. They also intend to lead expert evidence on human trafficking.
"That should not take very long. From the defence's perspective, I will hear from the defence counsel now whether there's anything over and above what we've discussed in chambers. Irrespective of whether the defence wanted to call evidence on their own behalf, I'm of the prima facie view that we need to prepare reports on the circumstances of the accused in the matter.
"We have pre-prepared requests for social workers' reports to be prepared, and I raised that with defence counsel in chambers this morning. Normally, it takes six weeks for those reports to be prepared, although I'm going to request that it be expedited so that we don't have undue delays in the matter.
"I have given the defence counsel the drafts of the letters that I intend issuing to the Department of Social Services, and they can add any information that they need these social workers to consider and persons to consult with in preparation for the reports."
Erasmus said that when the accused appear before the court on 23 May, he would then postpone the matter to 27 May, where evidence will be presented and arguments made in Saldanha Bay.
"I'm going to order that the three accused persons be detained at Poolsmoor Prison until Friday, the 23rd of May. Our planning is subject to confirmation that we will return to Saldanha on the 27th of May. We will then have the evidence presented and the arguments on the 27th and 28th of May.
Erasmus added that, subject to confirmation, the matter will return to Saldanha Bay on 27 May.
"That if needs be, I will assist with consultations for purposes of preparation, in that you may be requisitioned to this building to assist with the consultation.
"It normally takes a process of 48 hours that the Department of Correctional Services require for notification for what is called a requisition, just ensure that if your name is called before that date to come to court, it will be at the request of your defence counsel so that you cooperate.
"You may also be requisitioned here for consultation with the social workers. It might also happen at Correctional Services."
