Day 38 of the Joshlin Smith trial resumed with more logistical oversight than courtroom argument.
Joshlin Smith trial today: Here’s a breakdown of what happened
The accused — Kelly Smith, Jacquen Appollis, and Steveno van Rhyn — were not present when proceedings began, prompting Judge Nathan Erasmus to express his frustration and demand an explanation for their late arrival, especially with law enforcement from the West Coast already seated.
Despite the delay, important administrative details were finalised in preparation for the sentencing phase, scheduled for next week in Saldanha Bay.
Judge Erasmus confirmed that the sentencing will be held at the White City Multipurpose Centre on Wednesday, 28 May 2025, and that evidence related to sentencing will be heard on Tuesday, 27 May.
He stressed that all legal representatives must be prepared to conclude their heads of argument — or final legal summaries — by Wednesday evening, with the final sentencing to follow on Thursday, 29 May.
The judge clarified that because the State is calling an expert witness based in the United States — who will testify virtually — that testimony will be heard early to accommodate time zone differences.
Victim impact statements written in Afrikaans by members of the Diazville community are also scheduled for submission. The judge noted that interpreters would be necessary to present them in court.
Here’s what happens next
As for the defence, the landscape remains uncertain. Advocate Fannie Harmse, standing in for Kelly Smith’s absent lawyer, said he couldn’t confirm whether any evidence would be led for her.
He also noted that Jacquen’s mother might testify but confirmed that no transportation assistance was currently needed. Advocate Nobahle Mkabayi, representing Steveno, said she was still awaiting social worker reports before deciding whether to lead evidence.
Judge Erasmus confirmed that the reports would be made available later that day, urging legal teams to prepare their submissions.
He instructed the registrar to draft a formal letter to the Commissioner of Correctional Services to explain why the accused were transported late, causing a disruption in the day’s schedule.
The accused will be transferred today from Pollsmoor to correctional centres in Langebaan and Malmesbury ahead of next week’s proceedings.
Additionally, the judge addressed the state witness, Lourentia Lombaard, whose Section 204 indemnity — protection from prosecution in exchange for testimony — will be subject to a separate hearing.
That hearing will not involve the current accused and will be scheduled for the Western Cape High Court in Cape Town during the next court term.
Lastly, Judge Erasmus reminded all parties that if they intend to file applications for leave to appeal the conviction, they must be ready. “I will ask immediately whether I can hear those applications,” he stated, adding that the court has had enough time to understand the potential grounds for such appeals.
With final logistics set, the court adjourned and all focus now turns to next week, where justice will take its final form — in full view of the community where Joshlin disappeared.