Lawyer criticises State's case as speculative in Joshlin Smith trial
Steveno van Rhyn's lawyer claims he was sleeping during confession.
Image: Ayanda Ndamane / Independent Newspapers
The second day of closing arguments in the Joshlin Smith trial resumed in the Western Cape High Court on Wednesday, with Advocate Nobahle Mkabayi arguing that the State had failed to prove her client, Steveno van Rhyn (Accused 2), had any involvement in the six-year-old’s disappearance.
Joshlin was last seen on February 19, 2024, in Middelpos, Saldanha Bay.
Her mother, Racquel “Kelly” Smith, her boyfriend, Jacquen “Boeta” Appollis, and their friend Van Rhyn were arrested weeks later and charged with kidnapping and human trafficking. All have pleaded not guilty.
Mkabayi called the State’s case “poorly investigated” and built on speculation. She told the court that Van Rhyn’s arrest was unlawful and his constitutional rights were violated, particularly under Sections 10 and 12.
“They infringed on his dignity. He was tortured by police at Jacobsbaai beach and taken to the Sea Border offices without a lawful procedure,” she said, criticising the State for not calling any of the officers involved in the alleged assault.
She also attacked the reliability of key State witness Lourentia “Renz” Lombaard’s Section 204 evidence.
“She was assaulted, taken to Langebaan, and tortured, but never mentioned anything about Joshlin until months later. She only confessed in October. That raises serious doubts about her credibility,” Mkabayi said.
Challenging the suggestion that Van Rhyn acted in common purpose with the others, Mkabayi asked: “When did it become a crime in South Africa to sell a microwave or to visit a friend?”
She added that there was no evidence Van Rhyn deprived Joshlin of her freedom or delivered her to anyone for money.
Mkabayi concluded by saying the State had not discharged its burden of proof beyond a reasonable doubt.
“After four hours of argument from the State, I still haven’t heard compelling evidence against my client,” she told the court.
The trial continues with submissions expected next from Kelly Smith’s defence team.
mandilakhe.tshwete@inl.co.za