Criminal logo

Thabo Bester Case Update

More news on the Thabo Bester Case

By K.A. MulengaPublished 10 months ago 4 min read
Like

Five people accused of helping convicted rapist and killer Thabo Bester escape from a maximum-security prison last year will have to remain behind bars a bit longer after their bail application was postponed for judgment.

Magistrate Motlholo Khabisi postponed the matter to next week Monday, 29 May.

During proceedings in the Bloemfontein Magistrate's Court on Wednesday, the defence lawyers gave the court their closing arguments.

The accused - Senohe Matsoara, Teboho Lipholo, Motenyani Masukela, Tieho Makhotsa and Nastassja Jansen - allegedly aided Dr Nandipha Magudumana to help her lover, Bester, escape from the Mangaung Correctional Centre last May.

A burnt body was found in Bester's cell; later it was revealed the body was actually that of Free State man, Katlego Bereng.

Advocate Kagisho Moruri, who represents Matsoara and Makhotsa, told the court that when his clients deposed to their affidavits, they did not possess the complete police docket.

"Therefore, they did not know which case to make."

Moruri argued that had it not been for the testimony of the investigating officer in the case, the accused would not have known how they are alleged to be linked to the crimes they are accused of.

Moruri submitted that the State made several submissions about the investigating officer's credibility.

But he added: "If the investigating officer speaks from a point from what he heard from other people, his credibility, strong or otherwise, shouldn't be a factor."

Meanwhile, Lipholo's advocate, Tshotlego Makamedi, told the court that his client was solely responsible for his seven children.

Four of the children had different mothers.

"They are staying with him. Just before this escape, he then married his current wife he is staying with. It then means that he is the person who is solely responsible for his children.

"All the rights and the responsibility are upon him. The interests of the children of applicant two [are] paramount in terms of the Constitution," Makamedi told the court.

Masilo Koenane, who represents Masukela, argued that the court should consider all factors before making a ruling.

Koenane argued that the mother of Masukela's children was not working and that Masukela was the breadwinner and the primary caregiver.

Jansen's lawyer, Gary Botha, submitted that his client was also the primary caregiver for her children.

"She placed her circumstances before court. She has two children from two different men [and] they are only financially paying towards the maintenance.

"The children are staying with the applicant, where she is staying with her father and mother due to the fact that she was suspended and dismissed. It is my submission that applicant 5 is the primary caregiver for both her children."

Meanwhile The people who were supposed to ensure that Facebook rapist Thabo Bester stayed behind bars for the rest of his life were the same people who orchestrated his dramatic escape from prison, the Bloemfontein Magistrate's Court heard on Tuesday.

This was the closing argument of the State prosecutor, Sello Matlhoko, to oppose bail of five people accused of aiding Bester's escape last year.

The accused - Senohe Matsoara, Teboho Lipholo, Motenyani Masukela, Tieho Makhotsa and Nastassja Jansen - appeared in court on Tuesday.

They allegedly aided Nandipha Magudumana in helping her lover, Bester, escape from the Mangaung Correctional Centre last May.

A burnt body was found in Bester's cell - later it was revealed the body was actually that of a Free State man, Katlego Bereng.

Matlhoko based his argument on the testimony of the investigating officer in the case.

Matlhoko submitted that the investigating officer was a "very" credible witness.

He said the accused's legal representatives questioned him at length, but could not "crack him".

"He stood his ground, remained calm, was firm, and was confident on the witness stand."

He told the court that the investigating officer had said the case angered the community.

He said the investigating officer also testified that releasing the five accused would undermine citizens' confidence in the justice system and the SA Police Service (SAPS).

"The community will say SAPS has not done its job. He testified that... lives were in danger - for what? For R150 000?

"He said, at the end of the day, it was for money. He [investigating officer] goes on to say that a person who has been convicted of rape and murder, sentenced to life in prison, and that person who, according to him, is a dangerous person, is assisted to escape," Matlhoko said.

Earlier in the day, the legal representatives delivered closing arguments as to why their clients should be released on bail.

Advocate Kagisho Moruri, who represents Matsoara and Makhotsa, argued that the State did not have a "watertight case" against his clients.

Advocate Tshotlego Makamedi, for accused two, Lipholo, argued that he had been out on bail before and the community had done nothing to him.

Makamedi argued that Lipholo's release on bail would not undermine the public's confidence in the justice system nor spark a public outcry.

Masilo Koenane, the lawyer representing Masukela, said this was the first time his client was accused of an offence. He had no history that he was a danger to society.

Gary Botha, for Jansen, submitted there was no evidence that Jansen smuggled a body into cell 35.

Botha argued that Jansen could be acquitted of the charges in a trial court.

But Matlhoko argued the applicants had failed to challenge the strength of the State's case.

"We hear that for the first time now as they address the court in conclusion."

The matter was rolled over to Wednesday for further submissions.

investigationincarcerationguiltycelebritiescartel
Like

About the Creator

K.A. Mulenga

My name is Kalenga Augustine Mulenga aka K.A. Mulenga. Writing is my passion. I started writing when I was 10 years old and my passion was reignited by my 11-year-old son. I enjoy reading and writing interesting topics.

Reader insights

Be the first to share your insights about this piece.

How does it work?

Add your insights

Comments

There are no comments for this story

Be the first to respond and start the conversation.

Sign in to comment

    Find us on social media

    Miscellaneous links

    • Explore
    • Contact
    • Privacy Policy
    • Terms of Use
    • Support

    © 2024 Creatd, Inc. All Rights Reserved.