After a pivotal day in court that resulted in the conviction of all three accused—Kelly Smith, Jacquen Appollis, and Steveno van Rhyn—the Joshlin Smith trial is set to transition into sentencing procedures.
What to expect from the Joshlin Smith trial on Day 37
Judge Nathan Erasmus confirmed that the matter will resume on Friday, 9 May 2025 at the Western Cape High Court in Cape Town, where the State and defence will prepare for the sentencing phase.
The court is expected to hear victim impact statements and assess whether any additional witnesses will be called by the prosecution.
The defence teams for all three accused will likely engage in consultations over potential mitigation arguments. It remains unclear whether any of the convicted will take the stand again, but the focus will now be on determining appropriate sentences under the Prevention and Combating of Trafficking in Persons Act (PACOTIP).
The judge has already signalled that the next leg of proceedings may involve further logistical planning and time allocations, especially if new testimonies are to be admitted.
There is also the pending issue of Lourentia Lombaard’s indemnity under Section 204, which Judge Erasmus stated will be addressed during sentencing.
Readers can follow the live trial coverage today as the courtroom battle intensifies.
Recap of Day 36: Key testimonies and new revelations
Day 36 marked a turning point in the high-profile case as Judge Erasmus delivered a guilty verdict against the three accused. The judge ruled that the State had proven its case beyond reasonable doubt on the charges of human trafficking and kidnapping.
He outlined a range of evidence used in reaching the decision, including police testimonies, social worker reports, and the statements of key witnesses such as Lourentia Lombaard and Steven “Nico” Coetzee.
The court placed significant weight on Kelly Smith’s reported behaviour and contradictory statements following Joshlin’s disappearance.
Judge Erasmus noted that, under the PACOTIP Act, the trafficking of a child does not require proof of force or coercion.
The conduct of the accused, particularly Kelly’s statements and her interactions with Jacquen and Steveno, pointed to a coordinated effort to remove Joshlin from her home and hand her over to a third party, referred to in court as “Makalima.”
He further dismissed the defence’s claims that the statements made by Jacquen and Steveno were obtained through coercion, calling the allegations “utter nonsense.”
Erasmus also ruled that their video-recorded confessions were admissible.
In explaining why the court accepted the statements of witnesses like Lombaard and Coetzee, Erasmus stated that their testimony was corroborated by independent evidence and supported by other witness accounts.
“This is not the behaviour of a mother looking for her child,” he said in reference to Kelly Smith’s calm and detached response after Joshlin went missing.
The day ended with the court confirming that sentencing preparations would begin in May, setting the stage for the final phase of a trial that has gripped the nation.
