By Lehlohonolo Lehana.
Convicted murderer Thabo Bester and his accomplice Dr Nandipha Magudumana will return to court next month after their case was postponed by the Bloemfontein Magistrate’s Court.
Both appeared in court virtually, with Bester still being held in the Kgosi Mampuru Correctional Centre in Pretoria.
It was confirmed during proceedings that Bester now has a new lawyer after his legal team withdrew from representing him.
His new lawyer, Advocate Tsoeunyane Pela, informed the court of their dissatisfaction with the virtual hearing.
Pela asked that Bester be sent to Bloemfontein and appear in court on Wednesday, so that the legal team is able to converse with him.
“We don’t request our client to be transported to court for consultation. It is the right of the client to appear in court in terms of the Constitution of the Republic of South Africa under a fair trial.
“The issue we will be bringing to the court as preliminary issue requires our client to here so that should the court ask us any questions, we are able to quickly confirm, and consult with him. [This] will make the work of this court very easy,” the advocate said.
Pela said he wants the court to be satisfied that the person before court was, in fact, Bester because the only evidence that the man before them was the convict was a J88 form, which a document completed by a doctor and submitted as written evidence of the injuries a patient has suffered.
But the state argued that Bester’s legal team can converse with their clients virtually.
Magistrate Motlholo Khabisi also pointed out that there was no reason for Bester to appear physically as the issue of identification was never contested during his first appearance in court.
Magistrate Khabisa postponed the pair’s case for further police investigations.
Khabisa told Magudumana that her right to reserve her bail hearing is still kept.
“Your case is accordingly remanded until the 20th of June in court number 20A for further investigations. You will remain in custody until then.
“You have reserved your right to bail application and that right is kept in adherence as previously requested.”
Khabisa told Bester that a decision still needs to be made on whether his next court appearance would be in person or virtually.
“Your case is accordingly remanded until the 20th of June in court number 20A for further investigations. You will remain in custody until then. As to whether it will be virtual or you will come to court that will be canvased in due course between the state and the defence.”
Magudumane’s father Zolile Sekeleni’s bail has been extended until the 20th of June with the same conditions still in place.
The other accused will return to court on 20 June, and former G4S employees Senohe Matsoara, Teboho Lipholo, Buti Masukela, Tieho Frans Makhotsa and Natassja Jansen.
They assisted him to escape while he was serving a life sentence at the Mangaung Correctional Facility in 2022.
Last week, an investigating officer testified how Bester paid about R150,000 to former G4S security supervisor Senohe Matsoara to facilitate his escape and how he walked out of prison dressed in a G4S security guard uniform.
Bester faces 11 charges pertaining to fraud, violating a body, corruption, in terms of giving a benefit, arson, escaping from lawful custody and defeating the ends of justice.