Court hears Joslin Smith was sold 'to harm'
A human trafficking expert has told the Western Cape High Court that there is compelling evidence that Joslin Smith was deliberately sold for financial gain and likely harmed in the process.
Dr. Marcel van der Watt, a former South African Police Service investigator with over 20 years of experience in combating human trafficking, testified via Zoom from the United States during the sentencing proceedings of Joslin's mother Kelly Smith, Jacquen Appollis, and Steveno van Rhyn.
Van der Watt was testifying before the Western Cape High court sitting at the Saldanha Bay Multipurpose Centre.
The trio has been found guilty of kidnapping and human trafficking of the young girl.
Van der Watt was called by state prosecutors to compile a report and assist the court in determining an appropriate sentence for the accused.
"The facts show that Accused 3 had been planning to sell Joslin as early as 2023, demonstrating her central role in the trafficking process, this was not a spontaneous act, but a calculated crime. The evidence strongly suggests no other alternative but that Joslin was sold for the purpose of exploitation."
Van der Watt detailed a web of planning and coordination among the accused, which he said demonstrated clear malicious intent and a shared purpose.
"There was clearly a common purpose and agreement among the three accused and Ms. Lombard. They were aware, or should have reasonably known, that Joslin was being sold for exploitation. Their actions reflect a willful disregard for her dignity and safety."
According to Van der Watt, the financial motive behind the crime emphasized its calculated nature.
He added that the accused’s reference to Joslin’s light skin and blue eyes highlighted concerns that she may have been targeted for specific exploitative purposes.
"The heartbreaking reality is that Joslin’s physical traits may have made her more desirable to traffickers. This increases the likelihood that she was subjected to harm."
When asked by defence attorney Nobahle Mkabayi why he believed Joslin may have been harmed, Van der Watt responded: "There are well-documented, coherent and consistent themes in terms of the egregious harms that befall victims of trafficking, especially young girls the age of Joslin."
He also criticised the accused for choosing not to testify in their own defence, saying it underscored the strength of the state’s evidence.
"Their silence in the face of such compelling evidence suggests an unwillingness or inability to refute the allegations against them."
Lawyers for co-accused Kelly Smith and Appollis declined to cross-examine the expert.
The sentencing of Smith, Appollis, and Van Rhyn continues in the High Court sitting at the Saldanha Bay Multipurpose Centre.
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