Joshlin Smith trial: Judge dismisses Kelly Smith & Van Rhyn's bid to have their charges withdrawn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and Steveno van Rhyn on Wednesday sought to have the kidnapping and human trafficking charges against their clients withdrawn.
The accused in the disappearance of Joshlin Smith, Kelly Smith (foreground), Steveno van Rhyn and Jacquen Appollis, appeared in the Western CApe Ahigh Court sitting in the Saldanha Bay Multi-Purpose Centre on 23 April 2025. Picture: Carlo Petersen/EWN
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judge in the Joshlin Smith trial has dismissed an application for the charges against the missing girl's mother to be withdrawn.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and Steveno van Rhyn on Wednesday sought to have the kidnapping and human trafficking charges against their clients withdrawn.
ALSO READ:
- Joshlin Smith trial: State prosecutors expected to wrap up case against accused
- Joshlin Smith disappearance: Investigating team still following leads, court hears
- Joshlin Smith trial: Investigating officers details why charges were dropped against former accused
Lawyers for the accused filed section 174 applications for the court to withdraw the State's case against Smith and Van Rhyn.
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Accused number one, Jacquen Appollis, opted not to make an application to have the charges he faces withdrawn.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.