Four of the eight men accused of being involved in the killing of Siemens sat before Judge Pitso Molitsoane on Tuesday and requested that he release them on the basis of Section 49(G) of the Correctional Services Act, 111 of 1998. 

The Act compels a court inquiry to determine and establish whether the continued detention of an accused is justifiable or if the release of an accused incarcerated for a period exceeding two years, is in the best interest of justice. The four counsels appearing on behalf of these accused argued that the state's case against suspects is weak, circumstantial and denying them bail would be tantamount to punishment. Meanwhile, Judge Molitsoane reserved his judgment for Wednesday 20 January 2021.

The four men who sit before Judge Pitso Molitsoane include murder mastermind Stanley Bakili, Bloemfontein's Bayswater police detective Molebatsi Mogoera, court orderly Kagiso Chabane, and former SANDF member Clive Tshivenga.

Meanwhile, the state has, however, opposed this inquiry and says the counsels brought nothing new in their argument during the deliberation in court. State prosecutor Advocate Johan de Nysschen says the case against the accused is far from over as more evidence will still be furnished in court. He says releasing the suspects from incarceration will not be in the best interest of justice and cited the previous judgment by the Bloemfontein Magistrate's Court to deny the accused bail.

The application via this Section also depends on whether the accused have been directly implicated by the state's key witness during the testimony in the trial.

Mojalefa Jali Molosi, a repeat offender, is the only suspect involved in the case who is not pursuing bail. This as the man still has separate criminal matters to answer to. Currently, three of the eight murder accused in the Siemens case are out on bail. They include police captain Moeketsi Lesia, disbarred advocate Karabo Tau, and Information Technology specialist Sizwe Mpati.

The trial in the matter will continue in April 2020.

OFM News