Day 40 of the Joshlin Smith trial at the Western Cape High Court marked a powerful and emotional phase as the court heard victim impact statements and final arguments for sentencing the three convicted individuals—Joshlin’s mother Kelly Smith, her partner Jacquen Appollis, and their co-accused Steveno van Rhyn.
Joshlin Smith trial today: Here’s a breakdown of what happened
The day opened with testimony from a new social worker who outlined her role in gathering victim impact statements.
She had engaged with all key community members affected by Joshlin’s disappearance.
Statements were submitted by:
- Cecilia Olivier, a community member who was part of the search party, shared how the search effort took an emotional toll, even as she grieved her own child.
- Edna Maart, Joshlin’s teacher, spoke of the classroom’s loss, showcasing Joshlin’s class art project symbolising hope.
- Taylor Andrews, a 14-year-old, read a poignant poem expressing deep grief.
- Amanda Daniels, Kelly Smith’s mother, condemned her daughter’s actions, detailing the trauma it caused the family and how it affected Joshlin’s siblings.
- Natasha Andrews, Joshlin’s foster mother, described the deep void left by Joshlin’s disappearance and shared personal memories and videos of the child, reducing the courtroom to tears, including Kelly.
The State followed with a montage of Joshlin’s life, showing her laughing and happy. It deeply impacted the gallery, including the accused.
Final arguments presented
Legal counsel for all three accused made their closing arguments. Jacquen Appollis’s Advocate Fannie Harmse lawyer argued against life imprisonment, noting Appollis’s background and suggesting his role was not central to the trafficking plan.
Judge Erasmus rejected this, citing Appollis’s active participation and lack of remorse, stating:
“He gave her breakfast, stared into her eyes and still went to sell the child.”
Steveno’s lawyer, Advocate Nobahle Mkabayi, argued for leniency, referencing his claimed innocence and potential for rehabilitation. However, the judge noted his prior convictions and described him as cold and remorseless during proceedings.
Kelly Smith’s defence, led by Advocate Rivesh Sivnarain, focused on her status as a first offender, a drug user, and sole caregiver, asserting she could be rehabilitated.
The judge challenged this, highlighting her premeditated role in orchestrating Joshlin’s sale.
Here’s what happens next
The State pushed for life imprisonment for all three on the charge of human trafficking under the PACO TIP Act, citing the nature of the crime, lack of remorse, and community impact.
The judge will first address any motions for leave to appeal.
Sentencing will be delivered at 09:00 on Thursday, 29 May 2025. The accused were advised to prepare for transfer to a high-security prison.
As the courtroom prepares for the sentencing, the impact of Joshlin’s disappearance continues to reverberate through her community, school, and family—a haunting absence that no ruling can fully resolve.
