Thabo Bester’s lawyer wants court to ascertain the identity of his client
There was drama at 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.
Bester, who was recaptured after his audacious prison escape in May last year, has been detained at the Kgosi Mampuru maximum security prison in Pretoria since 13 April. He made his second court appearance on Tuesday before magistrate Mohlolo Khabisi without his seven co-accused.
His lawyer, Tsoeunyane Jeremiah Pela, raised a preliminary “issue” at the start of proceedings, saying the court “must satisfy itself that the man before the court is Thabo Bester”.
Pela argued that there was a death certificate, stamped by the home affairs department, which stated that Bester had died on 3 May 2022 and said the state must supply the court with documents to satisfy itself that the Bester appearing before it was who the court believed him to be.
He referenced a previous court appearance of Bester’s alleged accomplice, Nandipha Magudumana, in which the magistrate asked her to remove her mask to confirm her identity.
Khabisi said the “comparison is misplaced” and explained that Magudumana had hidden herself in such a way that he could not see her face, leading to him asking her to remove her mask and the hoody of her sweatshirt, which covered her head.
“I am less persuaded for the lack of merits,” said Khabisi and with that dismissed Pela’s application.
Earlier in court, Pela objected to Bester’s virtual appearance, arguing that the defence had not agreed to Bester not being physically present. The accused had a constitutional right to appear in court, Pela said.
According to the state prosecutor, Sello Matlhoko, the department of correctional services submitted an application last week for Bester to appear virtually, because it would be impractical to transport him from Pretoria to Bloemfontein for Tuesday’s brief appearance.
The matter was postponed to 20 June, with Khabisi not stating whether Bester would again appear virtually before the court.
Magudumana also made a virtual appearance in court on Tuesday.
Magudumana’s father Zolile Sikelele, who was granted bail in April, four former employees of the security company G4S — Motenyane Masukela, Senohe Matsoara, Tieho Makhotsa and Natassja Jansen — and camera technician James Lipholo, appeared in court in person.
They allegedly assisted Bester in a well-orchestrated plan to escape from the Mangaung maximum security prison in May last year. Almost a year after his escape, authorities arrested Bester and Magudumana in Tanzania.