Defence in Joshlin Smith trial begin making final arguments in mitigation of sentencing

SALDANHA BAY - Defence attorneys in the Joshlin Smith trial have started making their final arguments in mitigation of sentencing of the accused.

Earlier on Wednesday, the matter was briefly adjourned after Joshlin's mother, Kelly Smith, started sobbing loudly when a video of the missing girl was played in court.

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Smith and her co-accused, Jacquen Appollis and Steveno van Rhyn, are to be sentenced on Thursday after being found guilty of kidnapping and human trafficking related to Joshlin's disappearance.

Defence attorney Fanie Harmse, who represents Appollis, told the court to consider his client's background and previous convictions.

Harmse submitted that Appollis came from a stable home and was previously convicted of two petty crimes of robbery and violating the Marine Resources Act.

The attorney also said that the evidence showed that Appollis "did as he was told to do".

Van Rhyn's attorney, Nobahla Mkabayi, submitted that her client was willing to rehabilitate, even though he maintains his innocence.

Mkabayi told the court that although Van Rhyn insisted that he was innocent, it should not prevent the court from giving prudence to his personal circumstances.

Defence attorney Rinesh Sivnarain told the court that Smith's circumstances should also be taken into consideration when handing down sentencing.

State prosecutors are set to make their submissions when the matter resumes.