The legal representative for accused 1 and murder mastermind, Stanley Bakili, dropped a bombshell on Monday when he informed Judge Pitso Molitsoane that he would be withdrawing from the case after the relationship between him and his client had soured.

The defence attorney, Masilo Koenane, says his decision was motivated by trust issues and the differences in opinions pertaining to the Criminal Procedure Act guiding lawyers. His client, who stands accused with another five suspects, further revealed that the relations soured when Koenane refused to make an application for the recusal of Judge Molitsoane, based on alleged bias.

Siemens was murdered in 2018 by the convicted murderer, Xolisile Mbenetho, in the Preller Square basement parking lot in broad daylight in a hail of bullets.

It is alleged that the deceased was paying bribes to government officials through Bakili to have City Med’s hospital bed licence amended to allow for more beds, when the business partnership soured.
 
Judge Molitsoane ultimately excused Koenane and this now forces Bakili to find a new defence lawyer to carry on representing him against the charges he faces.

Bakili has also told the court that he would apply for a legal aid representative.
 
Judge Molitsoane postponed the matter to 2 December 2022 to allow Bakili to acquire the services of a legal aid lawyer. The cross-examination of suspects in the trial is more likely to resume in the second term of the court around May 2023.

On Monday, before the court resumed, Judge Molitsoane set the record straight following allegations that he was seen at a tombstone unveiling earlier, in the company of one of the acquitted suspects, Moeketsi Lesia, a court interpreter. According to the allegations, they discussed Lesia's acquittal. Judge Molistoane branded the accusations as nonsense.

State prosecutor Advocate Johan de Nysschen also issued a strong warning against those attempting to bring an application of recusal against the judge without substantive motive and credible evidence - that they would be found in contempt of court.

The court has been dealing with the matter since 2019 whilst the case began in 2018. 

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Some of the suspects, including Bakili, have been incarcerated since the day of the murder - 10 May 2018.

Suspects in the murder of Siemens includes accused Stanley Bakili, Bloemfontein's Bayswater police detective Molebatsi Mogoera, former SANDF member Clive Tshivenga, repeat offender Mojalefa Jali Molosi, disbarred advocate Karabo Tau, and Information Technology specialist Sizwe Mpati.

In March this year, Judge Molitsoane discharged and acquitted two accused from the murder case. A court orderly, Kagiso Chabane, and police captain, Moeketsi Lesia, were acquitted on all charges against them.
 
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Since the trial started on 28 October 2019, almost two dozen people have taken 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 accused number one, Stanley Bakili, on behalf of the deceased for the amendment of CityMed’s hospital licenses to allow for more beds.

OFM News