Both the first one and the last one could be correct here, but choosing which one is best would probably be the last one becasue the biggest difference, or what sets the two apart is primarily who is around.
I believe the answer of this question is ill
It is the burden of the Prosecution to present evidence or proof to prove the case. In the event, that the Prosecution fails to present or inadequate evidence the defense counsel will move to ask the court for case dismissal or motion acquittal.
