Joshlin Smith Trial: Tough Road Ahead for Accused as Sentencing Begins – Defence Attorney
The sentencing phase in the high-profile Joshlin Smith case is set to begin this week at the Western Cape High Court, marking the final chapter in a harrowing trial that has gripped the nation. Criminal defence attorney William Booth has weighed in, warning that Kelly Smith and her co-accused, Jacquen Appollis and Steveno van Rhyn, could be facing severe consequences for their roles in the disappearance and suspected trafficking of the young girl.
Joshlin Smith vanished from her home in Middelpos, Saldanha Bay, over a year ago. What followed was a deeply disturbing investigation that led to allegations the six-year-old had been sold to a traditional healer for R20,000—a claim that prosecutors argued as the motive behind her kidnapping. The court found the three accused guilty earlier this year, and now, the focus shifts to sentencing, where their fate will be determined.
Booth explained that a key factor that may count against the trio is their apparent lack of remorse throughout the trial. “The fact that the child has not been recovered—either a body or any indication that she is alive—is an aspect that I believe could be regarded as aggravating,” he said. “The State will likely argue that the maximum sentence should be imposed.”
Joshlin Smith’s Disappearance Sparks Allegations of Trafficking for R20,000
Kelly Smith, the girl’s own mother, has faced public outrage since her arrest, with many South Africans left shocked by the betrayal of parental trust. Her alleged involvement in orchestrating the sale of her child to a sangoma has drawn sharp condemnation. Witness testimony from co-accused-turned-state-witness Lourentia Lombaard claimed that Smith and Appollis had planned to traffic Joshlin for money, a testimony that was central to securing the convictions.
While a sentence of life imprisonment is on the table, Booth highlighted that the legal system allows room for the court to weigh mitigating circumstances. “A court can, after hearing all the arguments for and against, determine whether there are substantial and compelling reasons to justify a lesser sentence,” he noted. However, given the gravity of the charges and the social implications of such a case, a lighter sentence appears unlikely.
The Joshlin Smith case has underscored the dangers of child trafficking and the vulnerability of children in impoverished communities. Advocacy groups and civil society organisations have used the case as a rallying cry for stronger protections for children and harsher penalties for those who exploit them.
With sentencing hearings expected to include emotional victim impact statements and possible forensic psychological evaluations of the accused, the process will be both legally and emotionally complex. Legal analysts expect the prosecution to push hard for the harshest possible sentence, citing the brutality and calculated nature of the crime, as well as the lasting trauma inflicted on the community and surviving family members.
Community members in Saldanha Bay have also voiced their demand for justice. Vigils have been held regularly since Joshlin’s disappearance, with residents expressing deep disappointment that the child has yet to be found. Many hope the sentencing will bring some form of closure, even if the fate of Joshlin herself remains unknown.
“This is not just about punishment,” said one community activist outside the courthouse. “This is about sending a message that our children are not for sale, and those who betray them will face the full force of the law.”
As the Western Cape High Court prepares to deliver its judgment, all eyes are on what penalties Kelly Smith, Appollis, and van Rhyn will receive. Whether or not they are sentenced to life imprisonment, the legacy of the Joshlin Smith case will endure as a powerful reminder of the need to protect South Africa’s most vulnerable citizens.
Source- EWN
