Joshlin Smith trial: Judge dismisses Kelly Smith & Van Rhyn's bid to have their charges withdrawn

SALDANHA BAY - The judge in the Joshlin Smith trial has dismissed an application for the charges against the missing girl's mother to be withdrawn.

Defence attorneys for Kelly Smith and Steveno van Rhyn on Wednesday sought to have the kidnapping and human trafficking charges against their clients withdrawn.

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Lawyers for the accused filed section 174 applications for the court to withdraw the State's case against Smith and Van Rhyn.

Accused number one, Jacquen Appollis, opted not to make an application to have the charges he faces withdrawn.

The lawyer for Van Rhyn, Nobahle Mkabayi, told the court that all the State witnesses who testified failed to bring any evidence against her client.

Smith’s lawyer, Rinesh Sivnarain, told the court that the testimony of the State's main witness, former accused Lourencia Lombaard, was of poor quality and should be rejected.

Judge Nathan Erasmus made a shift ruling.

"On the basis of the facts that's before me currently and the application of the legal issues as I understand them, I am not of the opinion that there is no evidence on which a reasonable court might convict in relation to both of Mister Van Rhyn and Miss Smith."

Erasmus said full reasons for the ruling would be incorporated into his final judgment.