As the Joshlin Smith trial resumes on Day 40, the Western Cape High Court is expected to continue with sentencing arguments following gripping testimony from both expert and probation witnesses.
What to expect from the Joshlin Smith trial on Day 40
The state is anticipated to reinforce its call for the maximum sentence for all three convicted individuals—Jacquen Appollis, Steveno van Rhyn, and Kelly Smith—drawing on evidence of premeditation and a lack of remorse.
Attention will likely remain on the weight of Dr Van der Waart’s virtual testimony, which presented human trafficking as a calculated and planned crime in this case.
His report cast a spotlight on the international scale of the crime and stressed the severe trauma inflicted on victims like Joshlin. The defence is expected to challenge these assertions or offer mitigating factors, though public statements from the accused so far suggest this may be limited.
With all three pre-sentencing reports submitted and read into the record, today may see closing submissions and Judge Nathan Erasmus’s final considerations before sentencing is formally handed down.
Proceedings are expected to begin at 09:00.
Recap of Day 39: Key testimonies and new revelations
Day 39 featured the virtual testimony of human trafficking expert Dr Van der Waart, who detailed his professional background and unpacked the findings of a report commissioned by the state.
Dr Van der Waart, who has worked on over 900 human trafficking cases, told the court that the disappearance of Joshlin Smith appeared to be a calculated act of exploitation, not a spontaneous decision.
“This was not a spontaneous act but a calculated crime,” he told the court, asserting that the plan to traffic Joshlin began as early as August 2024.
He emphasised the severe trauma the child likely experienced and urged the court to impose the harshest possible sentence, citing both South African and international legal frameworks.
Following this, probation officer Errol Daniel Pietersen presented his pre-sentencing evaluations of all three convicted individuals. Pietersen described Appollis as a quiet but easily manipulated man who appeared emotional during interviews, particularly when reminded of his own daughters. Still, he noted that Appollis continues to deny involvement.
Van Rhyn, according to Pietersen, showed no remorse and denied all charges, instead blaming the legal system.
“He is clearly a menace to society,” Pietersen stated, recommending a maximum sentence due to his history of violence and lack of accountability.
Kelly Smith, described as the central figure in the crime, was characterised as manipulative, unrepentant, and primarily concerned with her own interests.
Pietersen found no redeeming qualities in her and stated that “it is not a stretch to conclude that Kelly Smith is the mastermind behind the trafficking of her own daughter.”
The sentencing phase continues, with Judge Erasmus expected to weigh these reports heavily in his final ruling.
