Central SA
#PrellerSquareShooting: Two murder suspects discharged─── LUCKY NKUYANE 13:07 Fri, 18 Mar 2022
The Free State High Court Judge has discharged and acquitted two of the seven suspects who applied for acquittal in the murder case of Bloemfontein businessman Louis Siemens.
A court orderly, Kagiso Chabane, and police captain, Moeketsi Lesia, are now free men as they have been acquitted on all charges against them.
Chabane was accused of hiring a vehicle used as a getaway car for Bakili, days before the murder of Siemens. Judge Pitso Molitsoane in his judgment dismissed the state's version that Chabane was part of the plot to kill Siemens. He said Chabane would not have known that there was a plot to kill Siemens.
Judge Molitsoane has discharged the duo of all charges, including murder, conspiracy to murder, and perjury, amongst others. Molitsoane said it would not be in the interest of justice to not discharge them.
Meanwhile, Molitsoane denied to discharge five others, including alleged murder mastermind Stanley Bakili, police detective Molebatsi Mogoera, and disbarred advocate, Karabo Tau, amongst others. The case against the five accused has now been postponed to 10 May 2022.
Judge Molitsoane maintains the accused have a case to answer to in light of evidence presented against them. He said although the state's star witness and self- confessed killer, Xolisile Botha Mbebetho's testimony changed a lot, that fact was limited in the matter.
In January, state prosecutor Adv. Johan de Nysschen finalised the state's case against eight men standing trial for the murder of slain CityMed boss, Louis Siemens, in the Free State High Court.
This then opened a window for seven of the accused to apply for acquittal.
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.
Siemens was shot four times assassination-style in the basement parking of the Preller Square Shopping Complex in May 2018. Ten men have been arrested for allegedly playing various direct and indirect roles in orchestrating and carrying out the murder. Eight accused stood trial while the others have turned state witnesses.
In 2020, the sentenced killer in the Siemens murder case, Mbebetho, said he met first accused Bakili in a night club in Bloemfontein. He said he was introduced to Bakili by former SANDF member, Tshivenga, who is also in the dock for the murder of Siemens.
Mbebetho told the court that first they were plotting the murder of Bakili’s girlfriend, only known as Lindiwe, who was testifying against him in an unrelated case. He, however, ended up agreeing to kill Siemens too after their botched attempt to kill Lindiwe.
Mbebetho testified that Bakili told him Siemens refused to sign some document and to pay out his share of money that they defrauded from the controversial Vrede Dairy Project.
During his appearance, Mbebetho limped through the court wearing a bullet vest, dark glasses, a white shirt and navy blue trousers.
Also read: #PrellerSquareShooting: Gunman was on edge
Among those who have testified as state witnesses, apart from the former waiter, were a former head of the Grootvlei Prison, Tatolo Setlai, a former FS Health MEC, Benny Malakoane, and a Senior Health Department official, Pinky Belot.
Since the trial started on 28 October 2019, 41 people took the stand, including high profile government officials such as Home Affairs Minister Aaron Motsoaledi, the Free State Health HOD David Motau, and former provincial Health MEC Benny Malakoane.
They denied having any involvement or knowledge of bribes being paid by Bakili on behalf of the deceased for the amendment of CityMed’s hospital licenses to allow for more beds. 81 documents have been submitted in court as exhibits.