Bester’s pre-trial hearing to be heard on Friday

The pre-trial hearing in the prison escape matter of rapist and murderer Thabo Bester is expected to take place in the Free State High Court in Bloemfontein on Friday.

The court will establish whether all the outstanding legal matters have been concluded and whether the matter is trial-ready.

Bester and his co-accused, Dr Nandipha Magudumana, who is charged with aiding him to escape from prison, last appeared virtually in June.

He is currently incarcerated at the eBongweni Super Maximum Correctional Centre in KwaZulu-Natal.

Bester escaped from the Mangaung Prison, which was privately managed by security company G4S, in 2022.

LEGAL TEAM The court has been informed that there has been no contact between Bester and his legal team since his transfer to the eBongweni in January this year.

Bester’s legal team submitted that this lack of consultation is hindering his preparations for the trial.

They say attempts to get the Correctional Services Department to respond to requests have been futile.

His legal representative told the court that the lawyer-client relationship has been strained and that this might lead to the termination of legal representation.

Bester also has other interlocutory matters in which he seeks to have his bank account unfrozen, access to a laptop and more relaxed jail conditions.

His lawyer, Moafrika Wa Maila, says, “We are not ready to proceed unless our matter will be addressed.

Number one, we have not been able to consult with accused number seven due to his occasional transfer to eBongweni Maximum Security, and equally so we have not yet received the docket because we have not been instructed in that direction.

There has been communication, of course, with the state for the purpose of disclosure, but there’s never been an instruction that’s number two.” CONSULTATION TIME The prosecution has committed to engage the department to facilitate consultation time between Bester and his legal team.

State Prosecutor Adv Dansi Mpemvane says, “I will avail myself to assist with the help of the investigating officer that arrangements are made for a proper consultation.” Magudumana’s lawyer had submitted to the court that proceeding with trial before the outcome of her Constitutional Court matter would not serve any purpose and would waste the court’s time.