Thabo Bester addressing the court at his previous court appearance on 5 May. Picture: Gallo Images
In yet another drama-filled court appearance by Thabo Bester, the convicted killer and rapist made several demands, which were denied by the judge.
Bester and his eight co-accused appeared in the Free State High Court in Bloemfontein on Wednesday for pre-trial hearing.
The hearing got heated at one stage when Judge Cagney Musi and Bester’s lawyer, Advocate Lerato Moela, disagreed on whether the application to ease the convict’s prison conditions should be heard.
Musi said the application was not “ripe for hearing”.
“Mr Moela I suggested that you deal with the relevant issue at this stage and that is the fact that you have not yet filed a replying affidavit,” he said.
“I am not going to make a ruling in this matter on a half-baked case at this stage Mr Moela, that is how simple it is. The case is just not ripe for me to make a ruling.”
The case was postponed to February next year. Moela then raised concerns about Bester’s mental health, saying it would deteriorate even further by the time the trial starts.
But Musi was not having it. The judge also refused to entertain Bester’s request to use a laptop or tablet to prepare for his case.
A frustrated Bester kept raising his hand, attempting to address the court, but was repeatedly denied by Musi.
The Department of Correctional Services (DCS) on Wednesday also responded to Bester’s claims that the conditions at the Kgosi Mampuru II C-Max prison, where he is being held, are inhumane.
In May 2022, Bester escaped from Mangaung Correctional Centre in an “elaborately planned and well executed” prison break. He was then moved to Kgosi Mampuru II C-Max prison after he was arrested and deported from Tanzania in April last year.
Bester alleged that his rights are being violated by the prison. He has filed an application at the Free State High Court challenging the alleged inhumane conditions.
The DCS on Wednesday refuted Bester’s allegations and said the prison was treating him the same as it treats other inmates at Kgosi Mampuru.
“As DSC, it is clear that we are dealing with an inmate capable of engineering elaborate means to escape from lawful custody. Hence, we are duty-bound to employ strict security measures within the confines of the law in order to prevent any chance of him escaping once again,” the department said in a statement.
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The department said Bester’s treatment is consistent with what is prescribed by the Correctional Services Act.
“Basically, safe and humane custody of inmates is at the centre of the correctional system,” the DSC said.
“The department recognised that the conditions of detention of inmates should be consistent with human dignity, including at least an opportunity to exercise and the provision of adequate accommodation, nutrition, reading material, and the opportunity to access legal advice.”
The department added that a correctional centre is not like one’s own private residence, and therefore, inmates are not entitled to all the comforts they enjoyed before incarceration.
In court, Bester alleged that he was being placed in solitary confinement for 23 hours a day, in a room with a small window, and that he was only allowed one hour of exercise.
The DSC called these allegations “incorrect and fallacious”.
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“C-Max at Kgosi Mampuru is a high-security facility. It comprises only single cells. Hence, all inmates in the facility do not share a cell.
“Therefore, the impression created by Thabo Bester that he is in a single cell as a form of solitary confinement is, with respect, disingenuous.”
The department added that he gets an opportunity to exercise for an hour every day in line with the minimum time of exercise permitted by Section 11 of the Correctional Services Act.
Regarding Bester’s access to legal counsel and representation, the DSC said he was asking for prior arrangements for in-person or physical legal sessions lasting at least seven hours, as well as permission to use a laptop or tablet.
He allegedly complains that consultation using a wall-steel telephone separated by glass from his legal representations is not meaningful.
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“With respect, there is no merit to Thabo Bester’s request. To be succinct, the request is unreasonable. Thabo Bester’s legal representatives can communicate with him during the consultation and take down the necessary notes,” the department said.
It added that regulations allow for consultation daily from 8am to 3pm and if Bester’s request is accepted, it would mean one consultation room will be occupied by him the whole day.
According to the DSC, Bester made hundreds of calls to various lawyers from 12 October 2023 to 16 July 2024.
“Therefore, the centre has allowed Thabo Bester a reasonable opportunity to access legal advice and representation,” it said.
“In respect of the electronic gadgets and equipment, Thabo Bester’s request cannot be accepted. That request will pose a security risk to the centre and might enable him to orchestrate another escape.”
In regard to the use of hand and leg cuffs, the department said Bester’s assertion that he is always handcuffed when being transported is false.
It added that using hand and leg cuffs was justified as he escaped from a maximum-security prison, and the department is justified in being apprehensive that he might try to escape again.
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