In the case surrounding the disappearance of Joshlin Smith, attorney Rinesh Sivnarain has urged the Western Cape High Court to dismiss all charges against his client, Kelly Smith, the mother of the missing child.
The plea comes after the State concluded its case at the White City Multipurpose Centre in Saldanha Bay, where Kelly, her boyfriend Jacquen ‘Boeta’ Appollis, and his associate Steveno Van Rhyn stand accused of violating the Prevention and Combating of Trafficking in Persons Act.
Rinesh’s request was put forward during a court hearing on Wednesday, where he argued that the prosecution had failed to present sufficient evidence to warrant a conviction.”My submission is that the case has not brought enough prima facie evidence against my client,” he stated, highlighting concerns regarding the quality of testimony provided by the state’s sole witness, Laurentia Lombaard.
According to Rinesh, Laurentia’s evidence was riddled with inconsistencies and should be dismissed entirely.
Kelly, having chosen not to testify nor bring forth any additional witnesses, has exercised her constitutional right to remain silent, as reported by Ashley Rix on Facebook.
This decision forms part of a broader strategy by the defence to argue that the state’s evidence does not substantiate claims of human trafficking against Kelly and the co-accused.
The case received notable public attention, partly due to video footage circulated during proceedings, including an interview with Kelly conducted by Patriotic Alliance leader Gayton Mckenzie at a local Spur restaurant.
As the state rested its case, defence lawyers for both Kelly and Steveno filed motions for their clients’ discharge under Section 174 of the South African Criminal Procedure Act, which allows a court to release an accused individual if no substantial evidence can support a guilty verdict, as per SNL24.
Judge Nathan Erasmus cautioned that some witnesses, particularly Laurentia, had implicated both Kelly and Steveno, indicating that they still had questions to answer. In response, Rinesh reiterated his stance that Laurentia’s testimony was lacking in credibility.
“Her evidence was inconsistent. She contradicted herself a lot,” he remarked, reaffirming his belief that it should not form the basis of the prosecution’s case.
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First published by Cape Town ETC
Also see: The Joshlin Smith Case plot thickens: Witness alleges she was sold to a sangoma for R20k
