By Lehlohonolo Lehana.
The legal representative for accused number eight in the Thabo Bester jailbreak case has requested the court to grant his client Natassja Jansen bail, as she is the mother of two young girls.
Lawyer Gary Botha, representing the former G4S employee accused of electronically closing and opening certain doors on the day of Bester’s escape from the Mangaung Correctional Centre, argued that Jansen is the primary caregiver to her two children.
“I ask the court to grant applicant number five bail. She has two children and her personal circumstances are that she has daughters of 16 and 7 years and she’s the only primary caregiver. The fathers are contributing financially but the mother is the sole parent that raised these children. If she is not granted bail what would happen to her children?”
Botha also argued that Jansen has not been charged for the murder of Katlego Bereng, whose charred body was found in Bester’s cell in May last year.
“The view of the community was also aggrieved by Katlego, but at the end of the day, the law says that there is no evidence that applicant number five caused his death directly.
“It is my submission that applicant number five has not been charged for his murder.”
Lawyer Peter Tshotlego Makamedi for accused 3, Teboho James Lipholo, said the argument that if the accused gets released, it will spark community unrest, was far-fetched.
Makamedi says the state earlier released accused 2, Zolelile Sekeleni, the father of Dr Nandipha Magudumana on R10 000 bail and no unrest ever took place.
Another lawyer, Masilo Koenane, representing the suspended G4S guard Motanyane John (Buti) Masukela, said the state witness considered that there was no direct evidence that, if released on bail, Masukela will undermine the administration of justice, commit any violence, or intimidate witnesses.
Defence lawyers have argued that it’s in the interest of justice that the accused be released on bail.
Some of the accused, including Sonoho Matsoara, have been in custody for almost 50 days since their arrest in April 2023.
They are accused of aiding the convicted Facebook rapist and murder convict to escape from lawful custody in the Broadway block of cells at the Mangaung Correctional Centre under the guard of G4S.
They face several charges including aiding and abetting the escape of a prisoner, defeating the ends of justice, arson and violating a corpse.
So far 8 people have been arrested for the Bester escape and only one person is out on bail of R10 000.
The matter has been rolled over until Wednesday when further arguments will be made. Judgement is expected soon after.
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Video Courtesy of SABC.