Thabo Bester case: Media publicity ‘could work in favour’ of Magudumana and co-accused

The manner in which the escape of Thabo Bester, Dr Nandipha Magudumana and their co-accused is being handled by the state and publicised by the media may work in favour of the accused when they apply for bail next week, a legal expert says.

The court initially set down yesterday and today for bail application for four accused. However, following the arrest of two more accused, Teiho Makhotsa and Nastassja Jansen, defence teams and the state agreed more time would be required to deal with the bail applications, due to the number of accused involved.

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The accused are 1. Senohe Matsoara; 2. Magudumana’s father Zolile Sekeleni (out on bail); 3. Teboho Lipholo; 4. Nandipha Magudumana; 5. Thabo Bester (not in court); 6. Motanyane Masukela; 7. Makhotsa; and 8. Jansen.

Magudumana is facing charges of aiding and abetting the escape of a convicted prisoner, violation of bodies and fraud, while her co-accused face a host of other charges.

Magudumana’s bail application

Legal expert Mpumelelo Zikalala said to increase Magudumana’s chances of being granted bail, her lawyers need to emphasise she is a mother.

“You are humanising her; you are saying this is a mother who needs to take care of her kids, this is a mother who has never been involved in any criminal activities before.

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“That she was caught trying to escape might work against her to a certain extent. However, there are ways to try and prevent that such as signing at the police station daily.”

He also said the way the case has been publicised might work against the state.

“Her lawyers can argue that it would be difficult for her to escape because everyone can recognise who she is now.”

Media publicity

Zikalala said the media publicity would also work in favour of all the accused.

“It assists the accused to say, if they are well known, how could they try to flee from justice?”

The defence suggested a postponement to 10, 11 and 12 May. This was rejected by state prosecutor Sello Matlhoko, who will not be available on 10 May.

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The defence teams argued that they could proceed without him. Matlhoko disagreed: “I am assigned to be the prosecutor responsible for this matter,” he said.

Magistrate Motlholo Khabisi adjourned the matter to 11 and 12 May.

– lungam@citizen.co.za