Day 37 of the Joshlin Smith trial was not a sentencing hearing, as some anticipated, but rather a holding date to lay out the roadmap for what comes next.
Joshlin Smith trial today: Here’s a breakdown of what happened
Judge Nathan Erasmus made it clear from the outset that this was a short appearance designed to organise the next phase of proceedings.
The judge confirmed that the formal sentencing of Kelly Smith, Jacquen Appollis, and Steveno van Rhyn — all found guilty of human trafficking and kidnapping — will not take place immediately.
Instead, the court is preparing for a structured presentation of final arguments and evidence before handing down sentences later this month.
Among the key preparations discussed:
- The State plans to lead victim impact statements, which are personal or expert accounts describing how Joshlin’s disappearance affected those around her. This will include reports from social workers and human trafficking experts.
- The defence has been ordered to prepare mitigation reports, which will explain the personal and social circumstances of the three accused. These reports help the court decide whether there are any reasons to consider lighter sentencing.
- Social workers have been asked to expedite these reports, which usually take up to six weeks to complete. Judge Erasmus stated that the defence may provide additional information to be included in letters sent to the social workers compiling the reports.
Importantly, the judge reminded the defence and the accused to share as much personal background information as possible to assist in the sentencing process.
This may include past trauma, education levels, family structure, mental health status, or any factors that could be legally relevant.
Kelly Smith attempted to raise a matter during proceedings, but her lawyer, Advocate Rinesh Sivnarain, informed the court that it would be addressed privately, outside the courtroom.
For now, the three convicted individuals will be detained at Pollsmoor Prison until their next court date.