Defence Challenges Expert Testimony in Joshlin Smith Sentencing as Court Proceedings Continue

As the sentencing phase of the Joshlin Smith human trafficking case resumed in the Western Cape High Court in Saldanha, tensions rose as the defence team grilled the State’s expert witness, raising questions about the relevance and credibility of parts of his testimony.

Joshlin, 6, disappeared from her home in Saldanha Bay on 19 February 2024. Earlier this month, Judge Nathan Erasmus found her mother, Racquel “Kelly” Smith, along with Jacquen “Boeta” Appollis and Steveno van Rhyn, guilty on two counts: trafficking in persons and kidnapping.

Defence Pushes Back on Expert’s Credibility

During Tuesday’s court session, defence attorney Nobahle Mkabayi, representing van Rhyn, challenged Marcel van der Watt, president of the National Centre on Sexual Exploitation (NCOSE), who had conducted a psychological and procedural analysis of the case at the State’s request.

Mkabayi questioned whether van der Watt’s conclusions could be valid given he had never seen or interviewed the missing child. She also probed whether his testimony was influenced by any prior working relationship with State Prosecutor Zelda Swanepoel, to which van der Watt responded candidly, calling Swanepoel a “phenomenal leader” in prosecuting trafficking crimes.

“Thank you for that profile, although I didn’t ask for it,” Mkabayi replied, pointedly.

Van der Watt confirmed he was not being paid for his involvement in the case, and that no compensation had been discussed beforehand.

Legal Arguments Over Sentencing Guidelines

The courtroom exchange turned technical when Mkabayi cited the Prevention and Combating of Trafficking in Persons Act, questioning whether the specific criteria outlined in the Act applied to this case.

She attempted to press van der Watt on elements of the law related to the treatment and condition of victims, implying that such details were speculative since Joshlin’s whereabouts remain unknown.

Judge Erasmus, however, stepped in, clarifying that the portions of the Act being referenced were not part of the expert’s written analysis. He disallowed the line of questioning, noting that the witness only addressed certain sections of the Act relevant to his report.

Despite the ruling, Mkabayi maintained her stance, saying:

“There is no evidence before this court as to how the victim is kept, because the whereabouts of the victim are not known, and you haven’t interviewed the victim yourself.”

Sentencing Still Underway

This high-profile case continues to capture public attention, not only due to the disturbing nature of Joshlin’s disappearance but also because of the legal and ethical debates surrounding the evidence, sentencing procedures, and definitions of justice in cases of child trafficking where the victim is missing.

As proceedings continue, the country waits for a verdict that could set legal precedent and bring some form of closure to a haunting case that has left a community shattered and a child still unaccounted for.

{Source: The Citizen}

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