Joshlin Smith's mom opts not to testify after judge dismisses application for charges to be dropped

SALDANHA BAY - Joshlin Smith's mother, Kelly Smith, has chosen not to take the stand to testify to answer for the disappearance of her child.

She faces kidnapping and human trafficking charges related to her daughter's disappearance.

Presiding Judge Nathan Erasmus on Wednesday dismissed an application for the charges against Smith to be withdrawn.

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Erasmus gave the legal teams until next week to prepare their final arguments before he delivers judgment on the matter.

Defence attorneys for Smith and Steveno van Rhyn on Wednesday filed section 174 applications for the court to withdraw the State's case against the two accused.

Accused number one, Jacquen Appollis, opted not to make an application.

Before making his ruling, Judge Erasmus said that he examined the facts and the application of legal issues related to the case.

"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."

Following the ruling, all of the accused opted not to testify, with final arguments set to be heard when the trial resumes next week.