A man who was allegedly killed by Colin Booysen, the brother of alleged Sexy Boys gang boss Jerome "Donkie" Booysen, and his bodyguards, was shot from behind while he was running away, the Bellville Magistrate's Court heard on Tuesday."This was not premeditated murder, it was common purpose. The deceased was shot from behind – he was running away," prosecutor Samantha Regnart told the court on Tuesday.She was addressing the court when Booysen and his co-accused appeared for the murder of Adrian Pietersen, who died in a shootout during an argument with Booysen in the Cape Town suburb of Belhar.Regnart said the shooting took place in front of the Sexy Boys stronghold in the area, called The White House.But Booysen's lawyer, Bruce Hendricks took exception to the State's submissions."The State previously said premeditated murder, but today it's common purpose and the State did not prove premeditation," Hendricks said."Nowhere has the State showed a meeting of minds, so it cannot be common purpose."'Premeditated murder'The legal doctrine of common purpose in this instance means that, if a number of people have a common purpose to kill, the act of that perpetrator is imputed to the other participants who associated themselves with the same goal in mind.Magistrate Zakira Mohamed asked the State to clarify the common purpose to kill because the State mentioned the charge of premeditated murder during the accused's first appearance."I have never referred to premeditated murder since I took over the case," Regnart explained.Hendricks also pointed out that Booysen had not been convicted of any charges for almost 20 years.Booysen has three previous convictions, one for the murder of a police officer, for which he served time.Although Booysen has a pending extortion case in the Cape Town Region Court that will be heard in December, he has never broken his bail conditions, Hendricks said.Booysen, underworld kingpin Nafiz Modack, Ashley Fields and Jacques Cronje are accused of allegedly extorting a restaurant owner and forcing him to use security provided by a particular company."He's not even being charged under the Prevention of Organised Crime Act," Hendricks said.Furthermore, Booysen's co-accused Vuyisane Macingwane and Kalvin Abels have no previous convictions."They have never been caught with drugs or with gangsters," Hendricks added.He blasted the State for speculating that Pietersen had been shot while he was running away."There is no post mortem report before the court. The deceased was shot four times: in the shoulder from the front, in the upper right arm on the side and twice in his right leg," Hendricks said.'Dead men tell no tales'Booysen appeared dishevelled when he arrived in court, with his clothing worn inside-out.The uncharacteristically empty public gallery mostly consisted of Booysen's family members and six uniformed police officers who were there for security reasons.Hendricks had previously submitted several affidavits, photographs of bullet marks on Booysen's bullet-proof BMW SUV and Facebook pictures posted on the victim's page that allegedly prove Pieterson's "violent behaviour".The pictures show Pietersen purportedly snorting cocaine and in possession of an unlicensed firearm.The photographs served Booysen's claim that Pietersen's death was a result of private defence since the accused confronted him with a gun, clad in two bullet-proof vests. Neither the gun nor the bullet-proof vests were found by police.Regnart argued that the photographs had not been verified to prove that they had not been tampered with. The pictures of the car had no time stamp and there was no licence plate – meaning that the pictures could be of any car taken at any given time.Regarding the Facebook photos of Pietersen, she said that it was possible that the profile could have been duplicated or hacked.Hendricks said that the State had never raised concerns about the footage before."The photographs were uploaded long before the incident. Dead men tell no tales, your worship," he said."There were no counter-arguments by the investigation officer or the prosecution. This thing of profiles being hacked, someone won't duplicate a profile years before they pass on."Judgment was reserved for Friday, October 26.