A Gqeberha High Court judge has dismissed the Section 174 application brought by two suspected gang members accused of a hit-style murder.
Maxwell Muller and Emmanuel Sampson face several charges, including murder, attempted murder, and the Prevention of the Organised Crime Act.
The pair allegedly orchestrated a hit on two men in Reginald Street in Helenvale on 24 November 2017.
The attack claimed the life of Methwill Witbooi, who was speaking with the two men when the accused allegedly alighted from a taxi and opened fire.
In support of the 174 application for their discharge, the defence among others stated that the credibility of the State's witnesses needed to be taken into account.
They also contended that the State failed to call the police to testify to confirm the identity of the shooters.
Advocate Rafick Ahmed, who opposed the application said the evidence of the State witnesses was not of such poor quality that it should be ignored.
Judge Bulelwa Phakati ruled that there was indeed a prima facie case against both accused.
She said both men have a case to answer.
The trial will resume on Wednesday.
In October 2019, Muller was jailed for an effective 25 years for the murder of two-year-old Hakeem Baartman, who died after being caught in the crossfire of a shooting in Helenvale in 2017.
