Court denies bail to 4 of 5 accused in Thabo Bester case

The Bloemfontein Magistrate’s Court has granted bail to one of the five people accused of helping convicted rapist and murderer, Thabo Bester, escape from prison last year.

Verdict on bail

Magistrate Mohlolo Khabisi on Monday delivered his judgment on the bail applications of former G4S employees Senohe Matsoara, Buti (Motenyane John) Masukela, Tieho Frans Makhotsa and Nastassja Jansen, and Integriton CCTV technician Teboho James Lipholo.

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The magistrate reached a verdict on the case after hearing bail arguments earlier this month from the state, which objected to granting bail, as well as the defense lawyers.

Magistrate Khabisi approved a bail amount of R10 000 for Jansen, considering the state’s case against her was “porous”. However, the remaining four accused were denied bail due to the presence of prima facie evidence against them.

“On the evidence presented before me, I am convinced that there is a prima facie case against applicant number one, two, three and four. The court is also concerned about these allegations as it appears that the offense was committed in cahoots with the people whom trust was bestowed and the offense was committed at a place expected to be secured and safe.

“It is hard, if not possible, to find the personal circumstances of the applicants outweighing the interests of justice in this case.

“I, therefore, find that the interests of justice do not permit the release of the applicants’ number one, two, three and four on bail, and as such, bail is denied,” Khabisi ruled.

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The magistrate described the state’s case against Jansen, a former G4S control room operator, as “porous”, adding that her personal circumstances permitted her release on bail.

“The state did not prove beyond reasonable doubt that the interests of justice do not permit her release on bail. Consequently, she is admitted on bail.”

Jansen, a single mother of two, has been granted bail on the condition that she reports to a local police station every Friday, between 6am and 6pm. She is also not allowed to contact any state witnesses or leave Bloemfontein without the permission of the investigating officer.

If the breaches any of these conditions, she could be arrested and her bail could be revoked.

Bail arguments

The state, among its arguments, contended that the accused were a flight risk and that their release on bail would endanger the safety of the public and witnesses. The state also argued that the accused would likely intimidate witnesses and interfere with the course of justice.

The defense, on the other hand, argued that their clients were not a flight risk and that they would not endanger the safety of the public or witnesses. The defense further argued that their clients had cooperated with the police investigation and that the state’s case was weak.

Thabo Bester prison escape

Bester escaped from G4S-run Mangaung Correctional Centre in May last year, after it was initially believed that he had died after setting himself alight in his cell. An investigation revealed that the charred body that was used as a decoy in the escape was that of Free State resident Katlego Bereng.

The five accused face a range of charges, including fraud, arson, assisting an inmate to escape, and defeating the ends of justice in connection with Bester’s elaborate prison escape. The group intends not to plead guilty to the charges against them.

Earlier this month, Bester and his alleged accomplice and girlfriend Dr Nandipha Magudumana made virtual court appearances and their case was postponed to 20 June to allow for further police investigations.

Another accused in the case, Magudumana’s father, Zolile Cornelius Sekeleni, is currently out on R10 000 bail.

Magudumana is also challenging her arrest in Tanzania last month, claiming she was unlawfully arrested and abducted by South African authorities. That matter is due to be heard on Thursday in the Free State High Court.

All eight accused in the matter are expected back in court on 20 June.

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