Judge denies defence's request to drop charges in Joshlin Smith trial

IOL News

23-04-2025

Jacquen Appollis, Steveno van Rhyn and Kelly Smith face charges of human trafficking and kidnapping.
Image: Robin-Lee Francke/IOL
As the State closed its case in the Joshlin Smith matter on Wednesday morning, it is now time for the defence to bring forth its case.
Earlier, the State called Colonel Riaan Morris from the provincial Commercial Crimes Unit, who played six videos for the court.
The videos include Kelly Smith being filmed on Sunday, March 3, 2024, at an open prayer service being held for Joshlin.
The other videos also show Kelly having a meeting at the Spur with now Minister Gayton McKenzie.
Judge Nathan Erasmus dismissed the applications.
Image: Ayanda Ndamane/Independent Newspapers
A few videos of the meeting with McKenzie are shown.
He was also provided with two links, which led to two videos of McKenzie, seated in the back of a vehicle, where he questions Steveno van Rhyn about his whereabouts and what happened to Joshlin.
As the State closed its case in the matter, Judge Nathan Erasmus was told that the defence counsel would bring forth Section 174 applications.
A Section 174 application, under South Africa's Criminal Procedure Act, allows an accused person to be discharged if the court believes there is no evidence to support a conviction at the close of the State's case.
Fanie Harmse, the legal representative for Jacquen 'Boeta' Appollis, chose not to bring forth an application.
Van Rhyn's lawyer, Nobuhle Mkabayi, brought forth an application.
'The defence will argue accused two has no case to answer. All state witnesses who testified didn't bring any evidence that this court can come to the conclusion that accused two has committed an offence. It will be unfair if the accused is only brought into the dock to supplement the State's case,' she submitted.
When Judge Erasmus mentions that State witness Laurentia Lombaard implicated van Rhyn, Mkabayi shot back, stating she was 'not credible'.
'Your client made a statement which I found admissible, that he admitted to being with when Joshlin was taken away, and he had gone back to find out what he's cut was,' Judge Erasmus said.
'I strongly submit there is no evidence,' Mkabayi submitted.
Kelly's lawyer, Rinesh Sivnarain, also brought forth an application to have charges discharged against his client.
'My submission case has not brought enough prima facie evidence against my client. In regards to human trafficking, only one witness, Laurentia Lombaard, and I submit that her evidence was of such poor quality that it should be rejected in its entirety,' he submitted.