Five people accused of helping convicted rapist Thabo Bester escape at the Bloemfontein Magistrate's Court on 16 May 2023. Picture: Phill Magakoe / AFP
The Bloemfontein Magistrate’s Court has heard how the investigation into the escape of convicted rapist and murderer Thabo Bester will not conclude anytime soon and how one of the suspects in the case is linked to gangs.
Former G4S employees Senohe Matsoara, Teboho Lipholo, Buti Masukela, Tieho Frans Makhotsa and Natassja Jansen appeared in the Bloemfontein Magistrate’s Court on Tuesday to continue to argue for their release on bail.
They face charges including defeating the ends of justice and violation of a corpse.
The accused allegedly helped Bester escape from the Mangaung Correctional Centre in Bloemfontein on 3 May 2022, after faking his death in a staged jail cell fire.
Katlego Bareng’s body was found in the prison cell.
Before proceedings could resume, magistrate Motlholo Khabisi ruled that the media was allowed to broadcast the bail proceedings live after access was denied by the court last week.
Khabisi explained that the basis of his decision was in the interests of justice.
“The issue of live broadcast is a collateral issue by the way. The main issue here is the bail application of the accused before me and when this application was made for the purposes of limitation, there is not any form of prejudice,” the magistrate said.
The media, however, was prohibited from taking pictures of the witnesses inside court during their testimony or approaching them for interviews after the proceedings.
The magistrate indicated that only audio recordings will be permitted during the session.
Following the ruling, advocate Kagisho Moruri, representing Matsoara who is accused one, and Makhotsa who is accused seven, proceeded to question the witness – an investigating officer who testified in the case last Friday.
The officer revealed to the court that he was still connecting the dots surrounding Bester’s escape and that it would take him at least two more months to complete the investigation.
He confirmed that there might be more arrests.
Regarding, the withdrawal of the murder charge against the accused, Moruri asked whether further investigations were what resulted in “the most serious charge” being dropped, and the witness agreed.
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Asked whether the investigation going forward would have a bearing on the charges against the accused, the officer also agreed with the assertion.
Moruri said: “Without going into much detail, I can put it to you that accused number one will at the right forum come and dispute all you have put against him?”
The officer: “I still maintain that the evidence I provided here is just what I said.”
Moruri: “Colonel then you would agree that the evidence you provided here is not first hand evidence? In fact, it is what you have learnt from all the people who will be state witnesses when the matter proceeds.”
The officer: “Yes, it is indeed the evidence that I obtained from potential witnesses.”
The investigating officer also agreed that the witnesses would still have to come to court in order to determine whether their testimonies are credible or not.
He, however, denied that there was a witness who claimed to be afraid of the accused.
Moruri: “I did not hear you testify that any of the purported witnesses have indicated that accused number one threatens them or tried to influence them in anyway.”
The officer: “Yes, I did not testify to that effect.”
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Moruri: “For completeness sake, is there such a witness who said they fear for their life that testified against [the accused] at his [disciplinary] hearing?”
The officer: “No, there is no witness who claimed.”
Moruri: “But you testified that you have an apprehension of fear that your witness may be interfered with, influenced or threatened.”
The officer: “Yes, that’s correct.”
Moruri: “What brings this fear about?”
“I have a fear that the state witness might be threatened by accused number one,” the officer responded, adding that Matsoara may have links to gangs.
The bail hearing will continue on Friday, 19 May.
Meanwhile, Bester and his partner, Dr Nandipha Magudumana, will return to court on 20 June after their case was postponed earlier on Tuesday.
Her father, Zolile Sekeleni, who is out on R10 000 bail, will also make an appearance on the same day.
Magudumana was arrested with Bester in Tanzania last month after the couple skipped the country.
NOW READ: Tanzanian Police probe how Thabo Bester and Nandipha slipped through checkpoints
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