Counsel for defendants 2-3 further argued that Muhammad's testimony as an accomplice was relevant to defendant 2 and not to defendant 3, since Muhammad did not speak at all about defendant 3 and that he included only defendant 2 and defendant 1 in his statements to the informant. With regard to Defendant 2, it was argued that Muhammad's testimony before the informant does not complicate him because, in terms of the factual foundations, there is no dispute about the facts of the place and time. It was noted that the defendants admit to all the events alleged in the indictment and do not dispute them, and the dispute revolves around one question, namely whether defendants 2-3 knew about Muhammad's intention to kill the deceased and whether they took part in the act knowing that this was the purpose for which they had gathered, or whether there was a different intention for their active involvement in the incident. Counsel for defendants 2-3 argued that there is also no dispute that defendants 2-3 were not part of the inner circle of the incident, i.e., they were not present at the scene of the murder and in fact their alleged involvement in the indictment found expression in their alleged involvement in the outer circle of a preliminary preparatory act. It was argued that this fact makes it even more difficult for the accuser to prove the guilt of defendants 2-3 of involvement in the murder, and this does not indicate their knowledge of the commission of the murder.
Counsel for the defendants argued that Muhammad's testimony and his version before the informant do not incriminate defendant 2 as his accomplice in the commission of the offense, and that he mentions defendant 2 to the informant as someone who took part in the sequence of events, before and after the murder was committed. According to counsel for Defendant 2, Muhammad was asked by the informant about 3 weeks after the murder if Defendant 2 knew about the murder, and he answered in the affirmative. It was argued that this was of no use to the prosecution when no evidence was presented that defendant 2 knew that he was committing the murder with Muhammad's intention.