BEK AF

ON ANOTHER dramatic day in the Joshlin Smith matter, two of the co-accused have decided against speaking in their defence. 

In a shocking turn of events, Jacquen “Boeta” Appollis and Steveno "Steffie" van Rhyn both instructed their lawyers that they would not be giving evidence and they would not be calling witnesses. 

This comes as the State yesterday closed its case at Western Cape High Court sitting in Saldanha Bay, opening proceedings for the various defences. 

Joshlin’s mother and co-accused Racquel “Kelly” Smith’s first move was to submit a Section 174 application to have the charges of kidnapping and human trafficking dismissed after the green-eyed meisie went missing from her Middelpos home on 19 February 2024.

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.

Steffie joined her, but Boeta’s legal team did not. 

Van Rhyn’s lawyer, Nobuhle Mkabayi, argued: “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.”

When Judge Nathan Erasmus mentioned that State witness Lourentia Lombaard implicated van Rhyn, Mkabayi shot back, stating she was “not credible”. 

Erasmus added: “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.”

Kelly’s lawyer, Rinesh Sivnarain, said: “My submission case has not brought enough prima facie evidence against my client. In regards to human trafficking, only one witness, Lourentia Lombaard, and I submit that her evidence was of such poor quality that it should be rejected in its entirety.

Judge Nathan Erasmus dismissed the applications.