Magistrate Mohlolo Khabisi reserved judgment to 29 May 2023. This after the defence lawyers gave their final remarks on Wednesday 24 May 2023 on the weight of evidence the state says it has against the suspects. Lawyers also addressed the court on the evidence about suspects being primary caregivers. 

Kagisho Moruri, representing accused 1 Senohe Matsoara, told the court it is not for the Magistrate's Court to argue and deliberate the case's merits but for the trial court. 

Peter Tshotlego Makamedi, from Legal Aid South Africa, representing accused 3 Teboho James Lipholo, also aligned himself with Moruri's argument. Lawyer Masilo Koanane, representing suspended G4S guard Motanyane John (Buti) Masukela says despite the weight of evidence given via oral or through an affidavit, the two remain material evidence. He says the merits of how much the other weighs over another can be argued at a later stage.

The National Prosecution Authority recently said the suspects who stand accused of varying charges in the Bester escape case have failed to 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 the 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.

Matlhoko says the state had proved its case beyond reasonable doubt and believes that given the weight of evidence, the state furnished the court with, 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.

The 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 residences around Bloemfontein, including in Heidedal and 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.

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