They say the state does not have a water-tight case against their clients. Defence Lawyer Kagisho Moruri, for accused 1 Senoho Matsoara and accused 7 Tieho Frans Makhotsa, said the testimony by the state witness Tieho Flyman was based on suspicions. He told the court it is in the best interest of justice, which dictates, that their clients be released on bail.

Lawyer Peter Tshotlego Makamedi for accused 3, Teboho James Lipholo, said the argument that if the accused gets released, it will spark community unrest, was far-fetched.

Makamedi says the state earlier released accused 2, Zolelile Sekeleni, the father of Dr Nandipha Magudumana on R10 000 bail and no unrest ever took place.

Another lawyer, Masilo Koenane, representing the suspended G4S guard Motanyane John (Buti) Masukela, said the state witness considered that there was no direct evidence that, if released on bail, Masukela will undermine the administration of justice, commit any violence, or intimidate witnesses.

Senoho Matsoara, James Lipholo, and Buti Masukela. PHOTO: Lucky Nkuyane

Some of the accused, including Matsoara, have been in custody for almost 50 days since their arrest in April 2023.

They are accused of aiding the convicted Facebook rapist and murder convict to escape from lawful custody in the Broadway block of cells at the Mangaung Correctional Centre under the guard of G4S. 

They face several charges including aiding and abetting the escape of a prisoner, defeating the ends of justice, arson and violating a corpse.

So far 8 people have been arrested for the Bester escape and only one person is out on bail of R10 000.

Seven officials linked to the Bester escape have been suspended. It's understood that 23 officials were on duty at the time of Bester's escape.

Tieho Makhotsa PHOTO: Lucky Nkuyane

The court today proceeded with day 5 of the bail hearing with the arguments from defence lawyers. This was after the state prosecutor Sello Matlhoko finished with his re-examination of the state witness.

The state witness, attached to the SAPS' provincial organised crime unit, stated that the accused should not be granted bail, as it will cause public unrest and they might also be attacked by the community.

On Friday 12 May 2023, the witness said Matsoara was paid R150 000 by Bester whilst Matsoara himself 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.

Friends and family of Katlego Bereng Mpholo were protesting outside the court. PHOTO: Lucky Nkuyane

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's 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, Nastassja Jansen and Makhotsa, who were operators in the control room, were also implicated in not following procedure.

Nastassja Jansen PHOTO: Lucky Nkuyane

“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.

Bester allegedly lived in the lap of luxury in Johannesburg. He was arrested in Tanzania along with his girlfriend Magudumana. They were brought back to South Africa on 13 April 2023. Magadumana was transferred to the Free State where she made her first appearance at the Bloemfontein Magistrate's Court. She was remanded in court and has been in custody ever since. Bester was then transferred to the Kgosi Mampuru Maximum Prison Centre in Pretoria and has been in custody ever since. The argument continues.

OFM News