The bail application for five individuals accused of being involved in the escape of convicted murderer and rapist Thabo Bester continued at the Bloemfontein magistrate’s court on Friday.
Masilo Koenane, representing Buti Masukela, began the day’s proceedings with the cross-examination of investigating officer Tieho Flyman in an attempt to secure his client’s bail.
Masukela, a former employee of G4S, was arrested on April 18 at the Mangaung Correctional Centre in Bloemfontein. He is facing charges of fraud, arson, abetting an inmate to escape, and defeating the ends of justice.
The state alleges that Masukela was stationed at the Sally Port entrance of the facility on the day when Katlego Bereng’s body was smuggled into the prison facility.
According to the prosecution, another former G4S employee and co-accused, Senohe Matsoara, arrived at the Sally Port entrance in a hired vehicle arranged by Zolile Sekeleni, the father of Nandipha Magudumana who is Bester’s girlfriend.
It is alleged that Bereng’s body was concealed at the back of a van and the state asserts that Masukela neglected the required protocols and failed to search the vehicle, allowing Matsoara to enter the facility.
During Friday’s proceedings, Koenane turned to the officer’s previous statement regarding Masukela’s contract termination from G4S, but Flyman clarified that Masukela was actually suspended, not fired.
Koenane also disputed Flyman’s claim that Masukela did not own a house he resided in.
He argued that he is married to Mrs Masukela, who inherited the house, saying although the house is not registered under his name, the couple’s marriage in community of property suggests permanency and reduces the likelihood of Masukela fleeing.
“Let me correct you, my client is married to Mrs Masukela who inherited that house from her maternal grandmother,” said Koenane.
“While the house was inherited by his wife, my client is married in community of property. So, this gives us permanency, it means my client cannot run away from this case.”
Koenane further questioned the investigating officer about any evidence linking Masukela to corpse fraud, specifically referring to Bereng’s case, whose charred body was later found in Bester’s cell after he had escaped in May 2022.
While the investigating officer admitted that Bereng’s corpse passed through the gate Masukela was guarding, he clarified that it was the prosecution’s responsibility to determine who should be charged.
“My job is to provide details to the prosecution. It is them to decide who to charge, with what,” said Flyman.
The defence lawyer argued that Masukela reported for duty at 7.15am, long after the reported time of the cell fire [between 2am and 3am], making it unlikely for him to be involved in the arson.
He also emphasized that Masukela has no criminal charges pending and no history of violence, suggesting that he would not pose a threat to public safety, which the investigating officer agreed with.
Nonetheless, Flyman contended that if Masukela had performed his duties correctly and prevented the unauthorised vehicle from passing through the gate, Bester’s escape could have been thwarted.
To which Koenane countered, stating that Masukela claimed he saw the driver of the vehicle carrying a TV stand, not a corpse, and would not have knowingly assisted in transporting Bereng’s corpse.
But Flyman disagreed with Masukela’s account, alleging that he assisted in transporting the corpse, which makes him an accomplice in Bester’s escape.
Concluding his case, Koenane argued that his client did not receive any financial gain from Bester’s escape, and that there were no compelling reasons to deny him bail.
The bail hearing continues on May 23.
Also read: Thabo Bester case: Lawyer says Matsoara did not know Bereng
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