By Lehlohonolo Lehana.
Dr Nandipha Magudumana’s, the accomplice of convicted rapist and murderer Thabo Bester has been denied bail in the Bloemfontein Magistrate’s Court on Monday.
Magudumana appeared in the Bloemfontein Magistrate’s Court on Monday for her bail application after she was jailed for her role in Bester’s escape from the Mangaung Correctional Centre in Bloemfontein.
She faces charges of fraud, corruption, violating a corpse, defeating the ends of justice, and aiding and abetting a prisoner escape from prison.
In handing down the judgment, Magistrate Estelle de Lange said the onus was on Magudumana to prove on balance of probabilities that it is in the interest of justice for her to be released on bail.
The bail application was a Schedule 5 offence charge, which meant it was the burden of the defence to show cause why she should be granted bail.
De Lange said Magudumana had access to the witness list, although she does not have access to the witness statements.
The court expressed that she was the main role player in Bester’s escape from the Manguang Correctional Centre and thus if she was released could access resources to attempt to have him break out again as he would be transported to and from court from prison.
De Lange also said no bail condition would guarantee that Magudumana will stand trial as she was previously able to leave South Africa and cross three borders without a passport.
Magudumana is accused of helping Bester escape from prison in May 2022.
During court proceedings last week, Magudumana’s lawyer, Advocate Machini Motloung, made it clear that she has no intention on leaving the country, should she be granted bail.
“The applicant has been travelling in and outside South Africa, coming back with no issues whatsoever. The accused’s passport is confiscated. The real question is whether or not the accused has any other business to do or deal with outside the Republic of South Africa.
“To this end, the applicant has not produced such evidence, neither did the state in its opposition produce evidence that the applicant has some interest outside the borders of the Republic of South Africa,” said Motloung.
Motloung argued further that Magudumana has strong family ties in the country.
Earlier, the State questioned why Magudumana had not opened a criminal case against Bester.
“The applicant is kidnapped by accused number five. She says she resisted and was overpowered. Accused number five took her away from her children, denying her parental responsibility that she says has over the two children.
“Now she finds herself arrested and applying for bail as a result of her actions of accused number five, and, your worship, you choose not to open a criminal case against this person?” prosecutor Sello Matlhoko told the court.
“So far, this is what accused number five did to her, and she does not open a case. The investigating officers say the reservation we have with the picture that is attached, she has been coming to court smiling with the same person that she says in her affidavit kidnapped her.”
Magudumana bowed and shook her head in disagreement as the magistrate went through the State’s damning evidence against her.
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Video Courtesy of SABC.