Joshlin Smith accused elect not to take stand, state their case

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.”

Sivnarain said Lombaard’s excessive drug use also results in her not being a credible witness. 

Judge Erasmus handed down his ruling and said the applications will be refused. 

In a turn of events, Appollis instructed his lawyer that he would not be giving evidence and he would not be calling witnesses in his defence. 

It also sent shockwaves through the court as van Rhyn also elected not to speak, call witnesses and close his case.

Cape Times