News24 | Judge dismisses discharge application in Joshlin Smith kidnapping trial

Judge Nathan Erasmus, during the Joshlin Smith trial, dismissed the application following brief arguments from the State and the defence. (Gallo Images/Brenton Geach)

Two of the three people accused of the 2024 kidnapping and trafficking of then-6-year-old Joshlin Smith had applied for a discharge, but their application was denied by the Western Cape High Court.

Joshlin's mother, Racquel "Kelly" Smith, and her co-accused, Steveno van Rhyn, lodged an application in terms of Section 174 of the Criminal Procedure Act for their discharge.

An application for discharge is a request by the accused to be released from a criminal case.

These applications are usually brought at the end of the State's case. The State closed its case in the kidnapping trial on Wednesday morning.

The defence argued that the State had failed to present sufficient evidence for a reasonable court to convict the two accused.

READ | Joshlin Smith kidnapping: Judge seeks roadmap on way forward after 6-week trial

Judge Nathan Erasmus dismissed their application following brief arguments from the State and the defence.

He did not give reasons for his ruling.

While some in the public gallery quietly celebrated the judge's decision, members of Van Rhyn's family left the courtroom, shaking their heads in disagreement and disbelief. Van Rhyn and Smith shared their sentiment, briefly exchanging a glance before also shaking their heads.

Following Erasmus' ruling, the lawyers for both Van Rhyn and the third accused, Jacquen "Boeta" Appollis, decided to close their cases without presenting any evidence.

The trial continues. 

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