State Wraps Up Its Case in Joslin Smith Trial, Accused Opt Not to Testify or Call Any Witnesses

• The State officially wrapped up its case in the trial of the disappearance of Joslin Smith
• Advocates for Steveno van Rhyn and Kelly Smith asked for charges to be dropped against their clients
• The three accused also opted not to testify in the matter and chose not to call any witnesses as well

Briefly News journalist Byron Pillay has dedicated a decade to reporting on the South African political landscape, crime, and social issues. He spent 10 years working for the Northern Natal Courier before transitioning to online journalism.

WESTERN CAPE – The ongoing trial into the disappearance of Joslin Smith could be finalised as early as the beginning of May 2025.

Jacquin Appollis, Steveno van Rhyn and Kelly Smith are all charged with kidnapping and human trafficking after the little girl went missing in Middlepos in February 2024.

The trial, which began on 3 March 2025, is expected to be done and dusted by 2 May 2025 after the State and defence both wrapped up their cases.

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Accused opt not to testify

Following a brief appearance by Lieutenant Colonel Riaan Morris in the morning of 23 April 2025, the State officially wrapped up its case.

It was then the turn of the defence attorneys to produce their case, but surprisingly, they didn’t.

Advocates Fanie Harmse, Nobahle Mkabayi and Rinesh Sivnarain all stated that their clients would be invoking their right to remain silent as per Section 35(3) of the constitution.

According to the section, the accused has the right to refuse to answer questions and not to testify during the trial. The accused is also not compelled to testify against themselves. All three also refused to call any witnesses to testify on their behalf.

Advocates ask for charges to be dropped

PBeforethe defence wrapping up its case, Mkabayi, who represents van Rhyn, and Sivnarain, who represents Smith, both appealed for charges to be dropped against their clients. Using Section 174 of the South African Criminal Procedure Act (CPA), they argued that there wasn’t enough evidence presented by the State.

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Section 174 allows a court to discharge an accused person at the close of the prosecution's case, if it finds there is no evidence to support a conviction.

The act prevents an accused from having to testify and possibly incriminate themselves if the state fails to prove that there is a possibility of conviction. Judge Nathan Erasmus dismissed both applications.

“On the basis of the facts that are before me currently, and the application of the legal issues as I understand it, I am not of the opinion that there is no evidence upon which a reasonable court might convict in relation to both Mr van Rhyn and Ms Smith.

Arguments to begin in the new week

With the State and defence having wrapped up their cases, a verdict is around the corner. The trial has now been adjourned until 29 April. The State will first present its argument before the defence is given a chance to argue its case.

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Judge Erasmus will then deliver his verdict, stating that it could be on Friday, 2 May.

What you need to know about the Joslin Smith trial

• Lourencia Lombaard claimed that a sangoma wanted Joslin for her eyes and skin.
• Advocate Rinesh Sivnarain accused Lombaard of being the mastermind behind Joslin’s disappearance.
• Gayton McKenzie accused the Saldanha Bay Mayor of being involved in Joslin Smith’s disappearance.
• Appollis detailed how police allegedly tortured him while he was at the Sea Border offices.
• One of the defence lawyers claimed that police told van Rhyn and Appollis what to say in their statements.
• Judge Nathan Erasmus ruled that statements made by Appollis and van Rhyn may be admitted as evidence.

Lead investigator explains why charges were dropped against Makalima

Briefly News reported that the lead investigator in the Joslin Smith case explained why charges were dropped against one suspect.

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Makalima, who has been mentioned often in the trial, was originally arrested along with the other accused.

Charges were withdrawn against Makalima, whose name is Phumza Sigaqa, due to a lack of evidence against her.

Source: Briefly News