The Bloemfontein magistrate’s court on Tuesday is set to hear the closing arguments for the five co-accused involved in the high-profile prison break scandal involving Thabo Bester.
Senohe Matsoara, Teboho Lipholo, Buti Masukela, Tieho Frans Makhotsa, and Nastassja Jansen face charges related to the controversial escape of convicted murderer and rapist from the Mangaung Correctional Centre in May 2022.
During the bail application proceedings on Friday, the court was presented with compelling evidence linking the five accused to the escape, as detailed by investigating officer Tieho Flyman.
The state has strongly opposed bail for the accused, arguing that their release could incite public outrage and potentially interfere with ongoing investigations.
In response, the defense attorneys representing the accused have dismissed these claims, asserting that their clients are not flight risks and will not tamper with the investigation. The attorneys further cross-examined the state’s witness, challenging the prosecution’s case.
The accused have already appeared in court five times, pleading not guilty to the schedule one charges brought against them. However, magistrate Mohlolo Khabisi further extended their wait for a verdict by postponing the hearing, indicating that the judgment would not necessarily follow the closing arguments.
“I am of the view that we can adjourn the matter for argument only. As for judgment, I can’t really bend myself that it would be subsequent to your argument,” said Khabisi.
Meanwhile, one of the accused, Dr Nandipha Maguduman’s father, Zolile Sekeleni, has had a twist of fate.
Previously facing a murder charge in relation to a burnt body discovered in Bester’s prison cell, the National Prosecuting Authority (NPA) had the charge dropped against Sekeleni in April after reviewing additional evidence that found no link between him and the murder charge. He was subsequently granted R10 000 bail.
Phaladi Shuping, the NPA regional spokesperson, acknowledged the possibility of further charges being withdrawn as the investigation unfolds.
“We said in the previous appearance that based on the investigation process that is under way, we cannot rule out the possibility of any of the charges being withdrawn,” said Shuping.
Currently, Sekeleni faces three charges: defeating the ends of justice, aiding and abetting a prisoner’s escape, and fraud, all of which his daughter has exonerated him from.
As the courtroom prepares for the closing arguments in this high-profile case, the fate of the five co-accused remains uncertain.
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