Thabo Bester: Bail hearing of five accused postponed for closing arguments

The bail hearing of the five suspects accused of helping convicted rapist and murderer, Thabo Bester, escape from prison has been postponed to next week for closing arguments.

Thabo Bester prison escape

The bail hearing of former G4S employees Senohe Matsoara, Buti (Motenyane John) Masukela, Tieho Frans Makhotsa and Nastassja Jansen, as well as Integriton CCTV technician, Teboho James Lipholo, resumed on Friday in the Bloemfontein Magistrate’s Court.

The state is opposing their bail applications. The group faces multiple charges for allegedly aiding and abetting Baster’s daring escape from the G4S-run Mangaung Correctional Centre in May last year.

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Bester escaped from the prison after it was initially believed that he had died by suicide 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.

Postponement

Magistrate Mohlolo Khabisi deferred the bail hearing to 23 May 2023, for closing bail arguments after defense lawyers for the accused grilled the state’s only witness in the bail hearing – an investigating officer who is part of the team handling the case of Bester‘s escape.

The state also concluded the re-examination of its witness.

Magistrate Khabisi granted the postponement of the hearing after one of the defence lawyers made the request to adjourn in order to prepare for his closing arguments.

“I’m of the view that we can adjourn the matter for closing arguments only. As to the [bail] judgment, I can’t really bind myself that it will be subsequent to your arguments,” he said.

Cross-examination

The police officer previously told the court that there was evidence linking the accused individuals to Bester’s escape, and detailed the specific roles each individual played in the incident.

He also claimed that releasing the accused on bail would likely result in unrest and the intimidation of witnesses.

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When the police officer was cross-examined by defense lawyer Masilo Koenane – representing Masukela – the officer conceded that the suspended G4S guard is not a violent person and was unlikely to intimidate witnesses should he be granted bail.

Because of this, Koenane argued that Masukela should be released from jail, adding that there was nothing to suggest that his client would evade trial.

He based this on the fact that Masukela has no prior criminal convictions or pending court cases.

“If he had to be granted bail and looking at his history, I mean he is 51 years old and this is his first case, when you look at that picture or that history – we cannot readily conclude that this is a person that will endanger the safety of the public,” said Koenane.

‘My client was not paid any monies’

Koenane also argued that his client did not receive money and was not involved in Bester’s escape.

“My client was not paid any monies, he received no cent. No money was transferred into his account. He did not benefit anything and knew nothing about this,” he contended.

The police officer conceded that in his initial investigation, there was no evidence to substantiate that Masukela had received any money. However, he maintained his belief that the accused was still involved in the escape.

Masukela faces two counts of fraud, arson, assisting an inmate to escape, and defeating the ends of justice. He intends on pleading not guilty to the charges.

READ: Thabo Bester escape suspect linked to gangs, court hears in bail case

Nastassja Jansen

During cross-examination by defense lawyer Gary Botha, acting on behalf of former G4S control room operator Nastassja Jansen, the police officer was also questioned on whether the single mother of two was paid money for her alleged involvement in the crime.

Botha asked him: “Colonel do you agree with me that you don’t have any proof that applicant number five [Jansen] received money from a person with the name TK [one of Bester’s many aliases]”.

The police officer acknowledged that Jansen was not paid a cent for her alleged involvement.

“Yes, I do not have such proof,” he said.

Jansen is facing charges of arson, assisting an inmate to escape and defeating the ends of justice. She also intends to plead not guilty to the charges.

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