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Thabo Bester case: State's evidence against co-accused to be scrutinised

───   LUCKY NKUYANE 07:37 Tue, 16 May 2023

Thabo Bester case: State's evidence against co-accused to be scrutinised | News Article

The National Prosecution Authority's damning evidence against some of the accused in the Thabo Bester escape case will on Tuesday 16 May 2023 come under scrutiny in the Bloemfontein Magistrate's Court.

The bail application of five suspects accused of aiding and abetting a prisoner to escape from the Mangaung Correctional Centre on May 2022 continues. 

The state's star witness in the bail application made damning allegations against some of the accused and placed them at the centre of Bester's escape whilst trying to prove a crime which was carried out with a common purpose. 

On Tuesday, the defence lawyers of the suspects, including accused 1 Senohe Matsoara, will start with the cross-examination of the state witness from the Free State provincial organised crime unit. 

On Friday 12 May 2023, the witness said Matsoara was paid R150 000 by Bester whilst Matsoara further paid accused 3 Teboho James Lipholo and accused 7 Tieho Makhotsa R40 000 and R14 000 respectively. He said Bester was given a G4S uniform and walked out of the G4S prison in the early hours of 3 May 2022 with Integriton technician Lipholo. A fire was staged inside his cell where the body of Katlego Bereng Mpholo was burnt as a decoy for Bester to escape from lawful custody. 

Matsoara and Lipholo are said to have placed the body of Bereng inside cell 35 to allow Bester to escape. The deceased's body was allegedly claimed by Bester's girlfriend Dr Nandipha Magudumana from the National Hospital mortuary for a fake funeral in Phase 2 in Bloemfontein, where Matsoara got hold of Bereng's body and took it inside the premises of G4S on 29 April. 

It's alleged that accused 6, Motanyane John (Buti) Masukela, who was on duty at the gate that day, failed to search Matsoara's vehicle which had a television cabinet, behind which Bereng's body was hidden in a bag. He allegedly assisted Matsoara to offload the body and place it inside a workshop. The body was later put inside a trolley bin and taken by Lipholo to the block called Broadway, where Bester was kept as a prisoner. The other two accused, Nastassaja Jansen and Makhotsa, who were operators in the control room, were also implicated in not following procedure.

On Friday, the state witness told the court that the accused should not be given bail because it has the potential to cause unrest and also make the justice system seem weak.

“The dead body was [allegedly] taken to the Thusanong Mortuary for the preparation of the burial and the staged funeral was held in phase two where Matsoara got the body from,” the witness told the court.

'Police found three bags of maize meal in casket'

He also revealed during his testimony at this bail hearing, that Bereng's body, which was claimed by Magudumana, was never buried or inside the casket, the police found three bags of 10kg maize meal instead.

Matsoara, on 29 April, arrived at G4S at an entrance called Sally port, which was controlled on that day by accused 6, Masukela. To enter Sally port, you must have a gate pass which only a supervisor provides. This is controlled by officials in the control room.

Matsoara did not have the gate pass to gain entry into the premises. In the van, there was a television cabinet and behind it, a bag carrying the dead body. Matsoara and the van were not searched. Matsoara wasn't on duty that day.

’There was no such emergency’

"At the gate, Masukela allegedly demanded a gate pass from Matsoara and at some point, Masukela's operational supervisor heard about this and also demanded a gate pass after hearing that Matsoara wanted to gain entry. The supervisor got an emergency call, indicating there was an emergency at Campus. During our investigations, we found out that there was no such emergency," the witness testified.

Matsoara went in without being searched and the vehicle went to the workshops, dropped off the television cabinet and body, and later drove off.

The body was taken by accused 3 Lipholo on 30 April and placed inside a trolley dustbin. He was pretending to clean the prison yard and took it to Broadway, where Bester was kept, through an emergency door and did not use the ordinary door. This was done to avoid the search.

The witness said gaining entry into Broadway is controlled by CCR monitors. Lipholo has confessed to being part of the Bester escape and also explained Matsoara’s involvement in this.

During the meeting with members of parliament, G4S officials told them that 23 officials were on duty during the night of Bester's escape, of which 7 were suspended whilst 3 have been fired from G4S.

So far, eight people have been arrested. This also includes her father, Sekeleni, who is currently out on bail of R10 000.

Bester escaped from the Mangaung Prison in Bloemfontein on 3 May 2022 and allegedly lived in the lap of luxury in Johannesburg following his escape. The Tanzanian police arrested Bester and his girlfriend Dr Nandipha Magudumana after being on the run.

The bail application of the five accused charged with varying charges in the Thabo Bester escape was postponed to 16 May 2023. The defense lawyer for accused 1, Matsoara, asked for a postponement.

Lawyer Kagisho Moruri told the Bloemfontein Magistrate Mohlolo Khabisi that he need to prepare and further consult with his client in light of new evidence against him.

On 16 May, all accused – including Bester and Magudumana – might appear alongside each other. However, it remains to be seen if Bester will be part of those appearing in court following the state's intention to postpone his bail virtually.

Bester is kept at the Kgosi Mampuru Maximum Correctional Centre. The postponement will then allow for the continuation of bail for the five accused.

On Thursday 11 May, Magudumana reserved her right to apply for bail whilst her father Zolile Sekeleni is out on R10 000 bail.

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