The issue of insufficient legal representation and consultation with his client has forced the postponement of the Thabo Bester and eight of his co-accused once again.
The matter was postponed to July 31 for another attempt at a pre-trial conference and for accused three, Senohe Matsoara, and six, Tieho Makotsa, to be assessed for legal aid purposes.
On Wednesday, Bester, Dr Nandipha Magudumana, and seven others briefly appeared in the Bloemfontein High Court in the Free State Division.
Arguing for his client, Bester’s legal representative, the sixth one since the start of the trial, advocate Lerato Moela revealed that he had not consulted with his client until on Wednesday.
Convicted killer and rapist Thabo Bester’s efforts to have his incarceration conditions relaxed were unsuccessful, after the Bloemfontein High Court refused to hear an application from his legal representative on Wednesday.
Moela told the court that he had an application he wanted the court to hear before the trial could proceed.
“At Kgosi Mampuru II Correctional Centre in Pretoria, where Bester is being held, I was seeing him through the glass and telephone. This is the first time that I see him today (Wednewsday). My request is that we be given an opportunity to argue this particular point of jurisdiction after your worship has considered the best way this can be done,“ he said.
According to the NPA, during his previous appearance on June 5, meant for a pre-trial conference, Bester indicated to the court that he was going to appoint new legal representation
“Thabo Bester has to date appointed numerous legal representatives in his defence. The court was also informed that accused number 3 and 6 did not have legal representation during their appearance on July 24 (Wednesday).
“The accused had also previously requested the court to afford the new legal representatives time to get copies of the docket and be able to consult with their clients,” said NPA spokesperson, Mojalefa Senokoatsane.
The State will be ready to proceed with the matter when all the accused legal representation issues have been ironed out, Senokoatsane said.
Bester, Magudumana, Senohe Matsoara, Zolile Sekeleni, Teboho Liphoko, Buti Masukela, Tieho Makhotsa, Zanda Moyo, and Joel Makhetha are facing charges of fraud, corruption, assisting an inmate to escape, violation of a body, arson, and defeating the ends of justice.
The eight accused are alleged to have assisted Thabo Bester's escape from the Mangaung Correctional Facility where he was serving a sentence for murder and rape.
After his escape, Bester and Magudumana became fugitives and the authorities in Arusha, Tanzania, arrested them and subsequently deported them back to South Africa.
Bester, Magudumana, and Moyo are remanded in custody after they were denied bail by the Bloemfontein District Court.
The other six accused are out on bail of R10 000 each. The matter will be back in court on July 31.
The Star