Joshlin Smith trial set to conclude, with Kelly Smith, 2 co-accused to be sentenced
All eyes will be on Kelly Smith this week in anticipation of whether she decides to testify in mitigation of her sentence.
Kelly Smith in the Western Cape High Court sitting in the Saldanha Bay Multi-Purpose Centre on 09 April 2025. Picture: Kayleen Morgan /EWN
CAPE TOWN - The Joshlin Smith trial is set to reach its conclusion this week, with the sentencing of the missing girl's mother and her two co-accused, who have already been found guilty of kidnapping and human trafficking.
After finding the accused guilty, presiding judge, Nathan Erasmus, warned Joshlin's mother, Kelly Smith, her boyfriend, Jacquen Appollis, and his friend, Steveno van Rhyn, that they face lengthy sentences behind bars.
Erasmus also told legal teams that he foresaw the possibility that new evidence would come to light during the sentencing proceedings this week.
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All eyes will be on Kelly Smith this week in anticipation of whether she decides to testify in mitigation of her sentence.
Smith, who has already been convicted of kidnapping and human trafficking related to her daughter's disappearance, chose not to take the stand during the trial.
Before making his ruling, Erasmus told the court that the corroboration of certain details in the testimonies of State witnesses and the confession statements of Appollis and Van Rhyn proved pivotal to his ruling.
Erasmus also said that Smith's decision not to testify and her behaviour after Joshlin went missing further prompted his verdict.
"On count one, you are guilty of the act of trafficking in persons in relation to Joshlin Smith. On count two, you are also convicted of kidnapping," Judge Erasmus said when he delivered his verdict.
The proceedings will be held in the White City Multipurpose Centre in Saldanha on Tuesday and Wednesday before Erasmus delivers sentencing on Thursday.