Joshlin Smith trial: Kelly Smith, Van Rhyn seek to have charges against them withdrawn
Lawyers for Smith and Van Rhyn have filed section 174 applications for the court to withdraw the State's case against the two accused.
Kelly Smith (right), Jaquen Appollis and Stevano van Rhyn in the Western Cape High Court sitting in the Saldanha Bay Multi-Purpose Centre on 8 April 2025. Picture: Kayleen Morgan/EWN
SALDANHA BAY - In the Joshlin Smith trial, defence attorneys for Kelly Smith and Steveno van Rhyn have sought to have the kidnapping and human trafficking charges against their clients withdrawn.
Lawyers for Smith and Van Rhyn have filed section 174 applications for the court to withdraw the State's case against the two accused.
The State is expected to wrap up its case against missing girl Joshlin Smith’s mother, Kelly Smith, Steveno Van Rhyn & Jacquen Appollis today. Joshlin has been missing since Feb last year. The accused are charged with kidnapping & human trafficking for her disappearance. CP pic.twitter.com/s1OsbUeVyJ
— EWN Reporter (@ewnreporter) April 23, 2025
Accused number one, Jacquen Appollis, has opted not to make an application to have the charges he faces withdrawn.
Lawyer for Van Rhyn, Nobahle Mkabayi, on Wednesday presented the court with a section 174 application to have the kidnapping and human trafficking charges against her client withdrawn.
Mkabayi told the court her client had no case to answer for.
"All the State witnesses that have testified in this case didn't bring any evidence that this court can make a conclusion that accused number two has committed a crime."
Lawyer for Smith, Rinesh Sivnarain, followed in Mkabayi's footsteps to present the court with the same application to have charges against Smith withdrawn.
Sivnarain told the court that the testimony of the State's main witness, former accused Lourencia Lombaard, was of such a poor quality that it should be rejected in its entirety.