There was drama at the convicted rapist and murderer Thabo Bester’s virtual appearance at the Bloemfontein magistrate court on Tuesday when his lawyer said the court must satisfy itself that it was indeed his client before it.
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| ©Photo by Gallo Images/Frikkie Kapp |
All eight accused in the Thabo Bester escape saga appeared in the Bloemfontein Magistrates Court on Tuesday. The bail hearing for five of the accused will continue on Friday. In contrast, the leading criminal trial, in which all accused, including Bester, face 16 charges, has been set for 20 June. The court day started with the virtual appearance of Thabo Bester, who escaped from Mangaung Correctional Centre on 3 May 2022. Bester appeared with a shaven head and a Burberry hoodie.
He asked Magistrate Mohlolo Khabisi to consider allowing Bester to come to the court on Wednesday to bring a separate matter before the court. Khabisi asked Pela to explain what this particular matter entails. Pela said it would be in the interest of justice for the court to «satisfy itself» that the man in the dock is indeed Thabo Bester. Referring to the death certificate issued for the burnt body in Thabo Bester’s cell on 3 May 2022.
Magudumana’s father, Zolile Sekeleni, was excused and told to return on 20 June. During last week’s bail hearing, the investigating officer on the Bester case, Lieutenant-Colonel Tieho Jobo Flyman, gave startling testimony of how Bester’s conspirators allegedly helped orchestrate the escape. On Tuesday, the defence cross-examined Flyman. Matsoara’s Lawyer, Kagisho Morori, challenged Flyman’s previous assertion that Matsoara and Katlego Bereng, the man police believe was found dead in Bester’s cell, were drinking partners.
He said there was an error in Flyman’s testimony that Matsoara had visited Lesotho eight times in two months. Matsoara had, in fact, only visited Lesotho four times, according to Morori. Morori argued that his client needed to be granted bail because he complied with the police during his arrest and had handed over his passport, meaning he was not a flight risk. Flyman had previously said that releasing Matsoara on bail may put others in danger and that Matsoara knows the state’s witnesses.
Morori asked Flyman why he made this statement, to which Flyman replied that Matsoara is linked to gangs. Morori also questioned Flyman’s previous assertions that the Bloemfontein community is enraged and may take the law into their own hands. Lipholo’s legal representative, advocate Tshotlego Makamedi, took issue with Flyman’s testimony that Lipholo had approached the police with information. According to Makamedi, Lipholo was first approached by the police and then arrested.
