The National Prosecuting Authority has welcomed the decision of the Western Cape High Court to dismiss the application for leave to appeal the conviction and sentence of the three people who kidnapped and trafficked Joshlin Smith, and praised the prosecuting team for their sterling work.

The NPA has also welcomed the decision of the court to grant Lourentia Lombaard indemnity from prosecution following her testimony.

READ: Joshlin’s traffickers denied leave to appeal, state witness granted full immunity

During the two-day application for leave to appeal both their conviction and sentence, Jacquen Appollis, Steveno Van Rhyn and Joshlin’s mother, Kelly Smith, argued various points which included that the court erred in convicting them while the State failed to prove its case beyond a reasonable doubt.

They argued that a different court may come to a different conclusion and urged Judge Nathan Erasmus to grant them an application for leave to appeal.

But the State successfully countered these points, arguing that no compelling reasons were provided by the applicants and that there were no reasonable prospects of success in their application.

On the Section 204 witness enquiry, legal representatives of the accused argued that Lombaard did not testify truthfully and misled the court. Again, the State successfully countered that by arguing that Lombaard answered frankly and honestly to all questions posed by the court.

The State agreed with the court that she did not actively participate in the execution of the crimes for which Appollis, Van Rhyn and Smith were convicted and sentenced.

At most, she made herself an accessory after the fact as she became aware of the planned crime, kept quiet as was agreed between all of them and covered up the crime in expectation of the financial benefit.

Western Cape Director of Public Prosecutions, Adv. Nicolette Bell has applauded the prosecution team for the successful and convincing arguments which ensured that the accused were denied the application for leave to appeal their conviction and sentence.

The NPA also made special mention of Deonett Boltney, a Court Preparation Officer at the Vredenburg Magistrates Court.

Boltney, who is a qualified social worker, played a very important role in the Joshlin Smith case as she helped to prepare, guide and comfort emotional witnesses during the main trial.