The acting Magistrate Mohlolo Khabisi denied accused 1 Senohe Matsoara, accused 3 Teboho James Lipholo, accused 6 Motanyane John Masukela and accused 7 Tieho Frans Makhotsa bail. 

Khabisi only granted Nastassja Jansen bail. Her bail is set at R10 000. The case was postponed to 20 June 2023 for further investigations and the other co-accused's appearance.

Khabisi said he found the evidence of state witness Colonel Tieho Flyman attached to the SAPS's provincial organised crime unit to be credible and could not find any malice. He said a bail application is a judiciary process that has to be partial. He rejected claims that the applicants do not know the state witnesses. He said this argument contradicts logic.

"On the evidence before me, I am convinced that there is prima facie evidence against applicants 1, 2, 3 and 4 (accused 1, 3, 6 and 7) but the evidence against Jansen is poor.

Five suspects, four men and a woman aged between 51 and 35 applied to be released on bail at the Bloemfontein Magistrate's Court.

Khabisi had postponed and reserved his judgment to Monday 29 May 2023.

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State prosecutor Sello Matlhoko and the lawyers of the five suspects, including accused 1 Senohe Matsoara, closed their cases on the bail application last week.

Matlhoko told the court during arguments that the suspects failed to show and prove exceptional circumstances for them to be released on bail.

ALSO READ: 'Bester's co-accused failed to show they deserve bail' – NPA

The defence lawyers said it was in the best interest of justice for the suspects to be released on bail.

ALSO READ – Bester co-accused: 'It's in the interest of justice to be released on bail' – VIDEO

They said 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 the accused's release will spark community unrest, was far-fetched.

Makamedi said the state earlier released accused 2, Zolelile Sekeleni, the father of 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, says 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.

ALSO READ – Bester co-accused: 'It's in the interest of justice to be released on bail' – VIDEO

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.

During the testimony of the state witness Teiho Flyman from the SAPS's provincial organised unit said Matsoara and Lipholo are said to have placed the body of Bereng inside cell 35 to allow Bester to escape.

ALSO READ – Bester escape case: Chilling details revealed in Bfn court

The deceased's body was allegedly claimed by Bester's girlfriend 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, 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, Jansen and Makhotsa, who were operators in the control room, were also implicated in not following procedure.

“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.

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.

Colonel Flyman 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 Bereng was burnt as a decoy for Bester to escape from lawful custody

Bester allegedly lived in luxury in Johannesburg. He was arrested in Tanzania along with Magudumana. They were brought back to South Africa on 13 April 2023.

Magudumana 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.

Magudumana has reserved her right to bail application. She has since approached the Free State High Court to fight over her alleged unlawful and unconstitutional arrest.

Eight people have been arrested for the escape and 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.

OFM News