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#PrellerSquareShooting: Judgment expected in acquittal motion

───   LUCKY NKUYANE 08:27 Fri, 18 Mar 2022

#PrellerSquareShooting: Judgment expected in acquittal motion | News Article

The Free State High Court is expected to deliver its much-anticipated judgment on Friday in the acquittal motion brought by seven accused in the murder trial of the slain Bloemfontein businessman Louis Siemens.

Seven suspects, including businessman Stanely Bakili, two police officials, a disbarred advocate, and former South African Defence Force (SANDF) employee will on Friday know their fate, years after the trial started. 

The accused in the matter brought the motion before Judge Pitso Molitsoane, asking for acquittal on all charges following the closing argument of the state's case by state prosecutor, Adv. Johan de Nysschen. The accused face charges ranging from murder and conspiracy to murder, amongst others. Judgment was supposed to have been delivered on 3 February but Judge Molitsoane told the accused that he was unable to do so because he was still perusing facts on the matter.

A motion for judgment of acquittal rests on the claim that the evidence at trial was insufficient for a conviction. In other words, the defendant argues that no reasonable judge could possibly find guilt beyond a reasonable doubt. This is in terms of section 174 of the Criminal Procedure Act.

One of the accused and a repeat offender, Mojale Jali Molosi, did not apply for an acquittal because he is expected to respond to quite a few damning testimonies from state witnesses, including a former waiter at Annies Kitchen, Ohiliseng Selemale.

Meanwhile, ten men have been arrested for playing various direct and indirect roles in orchestrating and carrying out the murder. Eight of those arrested are standing trial while the others have turned state witnesses. The accused who were arrested between May 2018 and January 2019, are Stanley Bakili, Molebatsi Mogoera, Kagiso Chabane, Mojalefa Jali Molosi, Moeketsi Lesia, Karabo Tau, Sizwe Mpati, and Clive Tshivenga.

Some of the accused - including two policemen, Mogoera and Chabane, a military man, Tshivenga, and a repeat offender, Molosi - have been in custody since 2018 and 2019. Bakili has now been the suspect who has been in custody the longest - since his arrest on 10 May 2018, the day Siemens was shot four times in the Preller Square basement parking lot by two alleged assassins.

The ninth man and assassin in the murder, Xolisile Mbebetho, confessed to the crime and was convicted in November 2018 for pulling the trigger that ended Siemens’ life. Mbebetho was sentenced to 22-years in jail by the High Court and, in turn, became the state’s key witness.

The defence team includes, amongst others, Mphafolane Koma, Mosioa Mazibuko, Dawie Reyneke, Lebohang Mokhele, Joseph Kgoelenya, and Masilo Koenane.

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