Central SA
Bloemfontein magistrate to announce bail judgment for Bester co-accused on Monday─── LUCKY NKUYANE 12:51 Sun, 28 May 2023
The five suspects who stand accused of aiding and abetting Thabo Bester in escaping from prison will know their fate on Monday, 29 May, with the magistrate set to deliver his verdict on their bail application.
The four men and one woman, aged between 35 and 51, applied to be released on bail at the Bloemfontein Magistrate Court.
Magistrate Mohlolo Khabisi postponed and reserved his judgement to Monday. This after state prosecutor Sello Matlhoko and lawyers for the five suspects, including Senohe Matsoara, closed their case on bail application.
Prosecutor Matlhoko told the court during arguments that the suspects failed to show and prove exceptional circumstances for them to be released out on bail.
However, defence lawyers said it was in the best interest of justice for the suspects to be released on bail. They say the state does not have a watertight case against their clients. Defence lawyer Kagisho Moruri, for Matsoara and 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 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 Zolile 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 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.
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 murderer 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, eight 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 is understood that 23 officials were on duty at the time of Bester’s escape.
