Day 39 of the Joshlin Smith trial brought into sharp focus the grim reality of human trafficking, the depth of premeditation behind Joshlin’s disappearance, and the psychological assessments of the three individuals convicted of orchestrating her abduction.
Joshlin Smith trial today: Here’s a breakdown of what happened
Testifying virtually from Washington D.C., expert witness Dr. Van der Waart brought decades of insight into the nature of human trafficking.
A former operative with South Africa’s Family Violence, Child Protection and Sexual Offences (FCS) Unit and the Hawks, Dr. Van der Waart has spent 23 years investigating trafficking networks.
He now leads the National Centre of Exploitation in the United States and remains actively involved in related policy and research initiatives in South Africa.
Dr. Van der Waart’s testimony highlighted the brutal, calculated nature of Joshlin’s disappearance. He explained that trafficking of children is on the rise globally, with more sophisticated planning by perpetrators.
He referenced the PACO TIP Act and international guidelines, stating this case displayed “significant premeditation” and that there was no other plausible conclusion but that Joshlin was sold for exploitation.
“The accused prioritised their financial gain over Joshlin,” he said, adding that the silence pact between the perpetrators indicates a “lack of remorse.”
He pointed to the August 2024 planning by Kelly Smith as evidence of long-term premeditation. His emotional recounting of a similar unsolved child trafficking case from 2008 in Gqeberha was particularly impactful.
Dr. Van der Waart stated unequivocally that this case should compel South African law enforcement to improve data handling and cross-border collaboration. His findings will form part of the State’s argument for a harsh sentence.
Following his testimony, probation officer Errol Daniel Pietersen read the pre-sentencing reports for each of the convicted accused: Kelly Smith, Jacquen Appollis, and Steveno van Rhyn.
Appollis, described as quiet and reserved, showed visible emotion during his interview.
Despite a past free from violent crime, Pietersen noted Appollis’ history with drugs and suggested he may have been manipulated by Smith. He still professes innocence, which Pietersen found troubling. A sentence of incarceration was recommended.
Van Rhyn’s profile painted a starkly different picture. Described as violent, unrepentant, and a “menace to society,” his criminal record includes robbery, drug trafficking, and murder. Pietersen stated, “He has not shown one iota of remorse,” and recommended the maximum sentence.
Kelly Smith’s report was the most damning. While described as intelligent, she was found to be manipulative, emotionally disengaged, and solely focused on evading the harshest penalty.
Her substance abuse history, abuse of her own children, and attempts to mislead the probation officer were highlighted.
Pietersen concluded, “It is not a stretch to conclude that Kelly Smith is the mastermind behind the trafficking of her own daughter,” and urged the court to impose the maximum legal penalty.
Here’s what happens next
All three convicted traffickers and kidnappers — Smith, Appollis, and Van Rhyn — will appear again in court for final arguments on Wednesday, 29 May 2025.
With expert testimony, victim impact statements, and damning psychological profiles now part of the court record, the gravity of the crime is fully before the bench.
What remains is for the court to decide the legal fate of those convicted in one of South Africa’s most disturbing child trafficking cases.