Central SA
'Bester's co-accused failed to show they deserve bail' – NPA─── LUCKY NKUYANE 08:48 Wed, 24 May 2023
The National Prosecution Authority (NPA) says suspects who stand accused of varying charges in the Thabo Bester escape case have failed show exceptional circumstances that they should be released on bail.
The state prosecutor, Sello Matlhoko, says the defence lawyers of the five co-accused, who are applying for bail at the Bloemfontein Magistrate's Court, failed to deal with material evidence. He says state witness Tieho Flyman, who is attached to the Free State Provincial Organised crime unit, provided the court with credible evidence that places each of the suspects at the centre of Bester's escape on 3 May 2022.
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'See far right hand corner. Blink and you miss them'
A not make sure video footage - shared by eNCA’s Annika Larsen - showing Thabo Bester, with an accomplice, escape from prison has surfaced pic.twitter.com/7huhPqGcUz
Matlhoko says the state has proved its case beyond reasonable doubt and believes that given the weight of evidence the state furnished the court with, Magistrate Mohlolo Khabisi should not grant them bail.
He says the witness gave testimony in a written affidavit instead of an oral one. Matlhoko says the weight of a written affidavit is far less compared to one given in the witness box.
Suspects face charges of aiding and abetting a prisoner to escape, arson, defeating the ends of justice, fraud, and violating a corpse.
The suspects include former G4S Security Supervisor accused 1 Senohe Matsoara, Integriton technician accused 3 Teboho James Lipholo, suspended G4S accused 6 Motanyane John Masukela, dismissed controller accused 7 Tieho Frans Makhotsa and also another dismissed controller accused 8 Nastassja Jansen.
Some of the accused, including Matsoara, have been in custody for over a month while going through the process of their bail application.
Most of them were arrested by the police at their places of residence around Bloemfontein, including in Heidedal, Phase 2, among others.
On Tuesday 23 May 2023, during the continuation of the bail application, the defence lawyers of the accused said that it's in the interest of justice that the accused be released on bail.
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, is far-fetched.
Makamedi said 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.
On Friday 12 May 2023, the witness said Bester paid Matsoara R150 000 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.
