Bester wants shackles taken off his feet

July 24, 2024 119

Facebook rapist and murderer, Thabo Bester, plans to challenge the jurisdiction of his trial and the unfair treatment he alleges to be subjected to at the Kgosi Mampuru Prison.

The convicted murderer and rapist today introduced a new legal representative in the Free State High Court, where he briefly appeared with his co-accused.

This is Bester’s third legal team since his first appearance in April last year.

Bester, his lover Dr Nandipha Magudumana, and seven other co-accused are on trial for his escape from prison in 2022.

The matter has been delayed once again after the lawyer representing two former G4S employees withdrew from the matter due to financial issues.

Senohe Matsoara and Tieho Makosta will now acquire the services of legal aid.

Bester’s Advocate, Lerato Moela, has bemoaned the conditions that his client is allegedly subjected to at the Kgosi Mampuru Correctional Facility in Pretoria.

Moela says he has not been given enough time to consult with his client, an issue that was also raised by Bester’s previous lawyers.

Moela says part of their application will be challenging the “unfair” treatment.

He claims the reason for the application is to ensure his client has a fair trial, which includes fair legal representation.

“A fair trial is not him taking the stand and giving testimony, a fair trial includes legal representations, so if that is threatened or has been violated, then this court itself must intervene,” explains Moela.

“He’s in shackles now, as you see him you see him as a criminal. No, he is not. He is an accused person, and he must enjoy enduring the presumption of innocence. So, when we see someone being brought like this in court gives the impression that he’s a villain in court, we don’t want that, he must be seen as all other accused in court,” he adds.

Magudumana’s lawyer, Advocate Machini Motloung criticised the delays in the trial, strongly expressing that justice delayed is justice denied.

Magudumana graced her father with a warm hug and kiss when entering and leaving the dock today.

Motloung says the delays have had a knock on his client’s emotional well-being.

“We are not saying prison should be a place of comfort but at the same time, detained accused have rights. There are so many things that are happening behind the scenes where she is kept,” he alleged.

“Remember the assault case? She was assaulted by a mentally challenged inmate, and we were told the inmate was not challenged and the department refuted those claims. Now that same person has been admitted to an institution for mentally challenged people. Those are the types of challenges and conundrums she faces.”

Motloung says they will also seek an audience with the new Minister of Correctional Services, Dr Pieter Groenewald, over outstanding matters that the department has not addressed and will force them to seek legal recourse.