Latest news with #StevenovanRhyn
IOL News
12-08-2025
- IOL News
Advocate Mkabayi seeks to overturn conviction in Joshlin Smith case due to procedural flaws
Steveno van Rhyn's lawyer, Nobahle Mkabayi is arguing her client was under duress when he confessed. Image: Ayanda Ndamane / Independent Newspapers Advocate Nobahle Mkabayi, representing Steveno van Rhyn in the Joshlin Smith case, argued before the Western Cape High Court that her client's conviction should be overturned on grounds of procedural irregularities, unfair trial, and the use of a coerced confession. She complained about the State's key Section 204 witness, Lourentia 'Renz' Lombaard, who only returned to court three months after the conviction, raising questions about the reliability and management of the evidence. 'The miscarriage of this matter started on 31 January 2025. We appeared before the court bare-handed and clueless, with no contents of the docket, yet the matter was set down,' Mkabayi said. She argued that the case's pre-trial phase was fundamentally flawed because the defence was denied timely access to the State's evidence. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ 'The State knew the attorneys, yet the details were never furnished before the pre-trial. When we arrived in court, my client was not there. This failure delayed the invocation of vital procedures and shadowed the appearance thereafter. 'As if that wasn't enough, we were burdened to climb the mountain to fetch the contents of the docket ourselves. It is unconstitutional to shift that duty to the defence. That is an affirmative duty of the State. We didn't climb one mountain, but more than that.' According to Mkabayi, the defence only received the docket contents about two weeks before trial, insufficient time to view video evidence, consult witnesses, and prepare a defence. 'Two weeks can never be enough. We perused the contents only to discover it was incomplete.' Judge Nathan Erasmus asked whether this issue should have been raised during the trial. Mkabayi said it had been raised, albeit not as a formal application. Van Rhyn was convicted of kidnapping and human trafficking along with Joshlin's mother, Racquel 'Kelly' Smith, and her boyfriend, Jacquen 'Boeta' Appollis, after the six-year-old went missing from her Middelpos home in Saldanha Bay on February 19, 2024. She further argued that her client's arrest on March 4, 2024, was unlawful, as the arresting officers did not have a warrant and never testified to explain the circumstances. 'Those are the real arresting officers. The omission to call them to testify is compelling,' she said. Erasmus noted that the accused did not dispute the officers' absence from the witness stand and asked whether an unlawful arrest automatically translated to an unfair trial. Mkabayi responded that her client had consistently tried to highlight what happened to him, including claims of torture. She stressed that the first doctor to examine him 'did not rule out' that his injuries were consistent with torture, yet Captain Philip Seekoei still took a confession from him. 'I submit any statement coming from a tortured person is inadmissible — a bleeding man has no will,' she said. She added that before the confession interview began, officers were present but never explained her client's rights, including the right to remain silent, the right to legal representation, and the right against self-incrimination. When Erasmus asked where that evidence was in the main trial, Mkabayi said it had been given during the trial-within-a-trial and 'was not erased'. She accused the court of failing to make an explicit ruling on the admissibility of the confession after the trial-within-a-trial, stating: 'The court was silent on that point. I counted more than 37 interferences by the court during proceedings. The confession, the statement taken from an injured person, cannot be considered voluntary. It was improperly obtained, and suffocation was used.'
IOL News
27-05-2025
- IOL News
Kelly and co-accused face sentencing in high-profile Joshlin Smith kidnapping case
The White City Multipurpose Hall in Saldanha, where sentencing for Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith will be handed down this week following their conviction for the kidnapping and human trafficking of six-year-old Joshlin Smith. Image: Ayanda Ndamane/ Independent Newspapers The highly anticipated sentencing proceedings in the Joshlin Smith matter is set to begin in Saldanha on Tuesday. Jacquen 'Boeta' Appollis, Steveno van Rhyn, and Kelly Smith will know their fate before the end of this week. The trio was found guilty on May 2 of kidnapping and human trafficking charges relating to Smith's then-six-year-old daughter, Joshlin, who disappeared on February 19. The trio, who were detained at Pollsmoor Prison since early May, were transported closer to Saldanha, where the proceedings would take place at the White City Multipurpose Hall. Smith is being held in Langebaan while her two co-accused are detained at Malmesbury Prison. This week, the State is expected to present evidence from a human trafficking expert from the US. This will be followed by a victim impact report, which will detail the effect Joshlin's disappearance has had on her family and her community. It has also been stated that Boeta's defence lawyer, Fanie Harmse, may call his mother to the stand to testify in mitigation of sentencing. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ It remains unclear whether van Rhyn or Smith will be calling any witnesses to the stand or taking the stand themselves. The court still has to deal with its state witness, former accused Laurentia Lombaard. Lombaard was initially implicated in the matter before she became a state witness in October last year. She previously testified that Smith sold Joshlin for R20,000 and claimed she would have received R1,000 as her cut to keep her mouth shut. While Lombaard was part of the initial group who planned the green-eyed girl's disappearance, it is not clear whether Judge Nathan Erasmus will have her suffer the same fate as the convicted kidnappers. Cape Argus
IOL News
24-04-2025
- IOL News
Joshlin Smith accused elect not to take stand, state their case
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, accused Jacquen 'Boeta' Appollis and Steveno van Rhyn both elected to not give evidence or call witnesses. 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 Smith having a meeting at the Spur with now Minister Gayton McKenzie. 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 Van Rhyn about his whereabouts and what happened to Joshlin. As the State closed its case, 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 Appollis, chose not to bring forth an application. Van Rhyn's lawyer, Nobuhle Mkabayi, brought 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 mentioned 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 his cut was,' Judge Erasmus said. 'I strongly submit there is no evidence,' Mkabayi submitted. Smith's lawyer, Rinesh Sivnarain, also brought forth an application to have charges discharged against his client, submitting the case had not brought enough prima facie evidence against his client. 'In regards to human trafficking, (there was) 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. Sivnarain cited previous cases where credibility is questioned, arguing for the court to consider credibility. 'I am of the view that there is no evidence because of the inconsistencies and that her evidence should be rejected.'
IOL News
23-04-2025
- IOL News
Judge denies defence's request to drop charges in Joshlin Smith trial
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.
IOL News
23-04-2025
- IOL News
Judge Nathan Erasmus denies defence counsel request to drop charges in Joshlin Smith trial
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.
