As the Western Cape High Court in Saldanha prepares to deliver sentencing in the harrowing case of six-year-old Joshlin Smith’s kidnapping and trafficking, the convicted trio’s lawyers have urged the court to impose sentences less than life imprisonment.
Kelly Smith (35), Jacquen Appollis, and Steveno van Rhyn were found guilty earlier this month of abducting Joshlin in February 2024 and exchanging her for payment or the promise of payment. The child has not been found since her disappearance.
Defense Appeals for Mercy
During closing arguments, defense attorneys cited personal and “compelling circumstances” in pleading for reduced sentences.
Kelly Smith’s lawyer argued that as a first-time offender with no prior convictions, she has the potential for rehabilitation. The court heard that Smith, a former domestic worker earning R2,000 a month, had completed Grade 12 and supported her family despite struggling with drug use. Her Middelpos home was recently burned down on May 2, adding to her personal turmoil.
Van Rhyn’s legal team contended that his silence during the trial should not be mistaken for a lack of remorse, while Appollis’ lawyer claimed his client was not part of the plan to sell Joshlin and merely followed instructions.
Prosecution Demands Maximum Sentence
The state, however, argued that the severity of the crime—trafficking a vulnerable child—warrants the harshest penalty. Prosecutor advocates emphasized that the accused showed no remorse during the trial, with none testifying in their own defense or calling witnesses.
“The problem is causing interference in my family life. We would rather live in peace… just the two of us, not have this problem anymore. So let’s get rid of the problem,” the prosecution quoted, likening the accused’s actions to treating Joshlin as a commodity.
Emotional Victim Impact Statements
Earlier in the proceedings, a court preparation officer read heartbreaking victim impact statements, including one from Kelly Smith’s mother, who accused her daughter of deception.
“You looked at me in the face and said, ‘Mommy, I will talk the next time we appear.’ I believed you… but you lied again,” she said tearfully.
Another statement came from a woman who had wanted to adopt Joshlin, underscoring the lasting trauma inflicted on the community.
State Calls for Child Protection Register Listing
The prosecution also demanded that all three accused be listed in the Child Protection Register, barring them from future contact with minors.
Judge Urasm is expected to deliver sentencing soon, deciding whether the convicted kidnappers and traffickers will face life behind bars or receive lesser terms.
As the Saldanha community and the nation await justice for Joshlin, the case continues to highlight the scourge of child trafficking and the devastating impact on families.
Joshlin Smith was last seen on February 19, 2024. Anyone with information is urged to contact authorities.
