Thabo Bester: State witness admits accused not violent, unlikely to intimidate witnesses

The bail hearing of the five suspects, who are facing charges related to assisting convicted rapist and murderer Thabo Bester in his prison escape, resumed on Friday at the Bloemfontein Magistrate’s Court.

Thabo Bester prison escape

During cross-examination by the defense, a key state witness – an investigating officer whose identity cannot be disclosed – conceded that one of the accused individuals is not a violent person and was unlikely to intimidate witnesses should he be granted bail.

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Former G4S employees Senohe Matsoara, Buti (Motenyane John) Masukela, Tieho Frans Makhotsa and Nastassja Jansen as well as Integriton CCTV technician, Teboho James Lipholo, are accused of allegedly aiding and abetting Bester’s escape from the G4S-run Mangaung Correctional Centre last year.

The state is opposing their bid to be released on bail after the investigating officer previously told the court that there was evidence linking the group to the daring prison escape, and detailed the specific roles each individual played in the incident.

The officer also told the court the suspects’ release on bail would likely result in community unrest due to the nature of the case.

Cross-examination

During cross-examination by defense lawyer Masilo Koenane – representing Masukela – the police officer admitted that since the suspended G4S guard had no prior criminal convictions or pending court cases, he did not present a threat to society.

Because of this, Koenane argued that his client should be granted bail.

“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,” he said.

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.

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His lawyer also argued that there was nothing to suggest that Masukela would evade his trial, but the witness said he could not guarantee this.

The police officer did, however, acknowledge that there was no evidence that Masukela would intimidate witnesses should he be released from jail.

“Yes, I do not have such evidence,” said the witness.

Koenane added: “And such a profile suggests that such a person [like my client] should be granted bail”.

‘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 said.

The 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.

Bester escaped from the Mangaung Correctional Centre in May 2022, 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.

Bester and his alleged accomplice and girlfriend, Dr Nandipha Magudumana, were arrested last month, in Tanzania, after fleeing South Africa.

On Tuesday, Bester and Magudumana made a virtual appearance in court, and their case was postponed to 20 June to allow for further police investigations.

The pair was remanded in custody until then, while their other co-accused Magudumana’s father, Zolile Cornelius Sekeleni, is out on R10 000 bail.

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