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.
 
READ MORE: #PrellerSquareShooting: Defence preparing arguments
 
The state prosecutor, Advocate Johan de Nysschen, must also reply to the heads of argument, which should have been/was scheduled to be submitted on Tuesday by the defence team of the eight accused. 

It’s understood that the judge presiding over the trial, Judge Pitso Molitsoane, is yet to read the argument submitted by the defence. Seven of the eight murder-accused, including Stanley Bakili, will be applying for acquittal after De Nysschen closed the state’s case on Monday, after almost four years of court proceedings.

One of the accused and a repeat offender, Mojale Jali Molosi, will not be applying for an acquittal and is expected to respond to quite a few damning testimonies from state witnesses, including a former waiter at Annies Kitchen, Ohiliseng Selemale.
 
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When testifying in 2019, Selemale told the court that before the murder of Siemens, he saw the confessed shooter, Xolisile Botha Mbebetho, in the company of Molosi. He also alleged that he saw Bakili in the company of Siemens earlier, on the same day Siemens was murdered in broad daylight. 

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.

The trial was also recently postponed to allow the defence team of the eight accused - including the alleged mastermind, Stanley Bakili - to prepare for arguments in their motion for judgment of acquittal. 

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

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 into state witnesses. The accused that 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.

READ MORE: Mastermind co-accused in #PrellerSquareShooting appear in court
 
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. 

READ MORE: Assassin in #PrellerSquareShooting pleads guilty
 

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