The defence lawyer for accused 3, Teboho James Lipholo, put it to the state witness, who is from the SAPS' Provincial Organised Crime Unit, that news about Bester's escape was already in the public domain.

Peter Tshotlego Makamedi said this is in contrast with the state witness' testimony, when he said the news of Bester's escape from G4S prison in Mangaung came to light in March this year.

The defence lawyer, Masilo Koenane, for accused 6, Motanyane John (Buti) Masukela, then took to the stand to cross-examine the state witness.

Senohe Matsoara

Koenane said the state witness erred when he said his client was fired from G4S. The witness then admitted he was wrong and that Masukela was only suspended. OFM News previously reported Masukela was due for a disciplinary hearing at G4S.

Kagisho Moruri, representing accused 7, Tieho Frans Makhotsa, told the state witness his client gave him instructions to ask if he indeed opened the gates for Bester – who was wearing a G4S uniform – would this not mean that he carried out his duty. The state witness then agreed with the notion. Earlier the witness said Makhotsa was paid R14 000 from accused 1, Senohe Matsoara.

State witness admitted his investigation about passport was incorrect

It was also revealed that Makhotsa had a passport, set to expire in 2024. This is contrary to what the state witness told the court earlier when he testified that Makhotsa had none. The state witness admitted that his investigation of whether Makhotsa had a passport or not was incorrect. This after he said he investigated whether Makhotsa had a passport or not.

Immediately after Moruri finished with his cross-examination, Gary Botha, who represents accused 8, Nastassja Jansen, cross-examined the state witness.

In his first line of cross-examination of the witness, he established with the witness that Jansen has no pending matters and cooperated with the police during her arrest at her place of residence.

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Botha also said Jansen couldn't compare evidence. Through her lawyer, Jansen says the state does not have a prima facie case against her and that it is "riding a dead horse".

The witness admitted, while being cross-examined, that he did not have evidence that Jansen was part and parcel of those who claimed Katlego Bereng's body and those who set alight cell 35 as a decoy for Bester to escape from prison.  

Botha also told the court that two other officials had access to opening cell gates.

Heavily guarded Thabo Bester appears in the Bloemfontein Magistrate's Court

On Tuesday, 16 May 2023, Makamedi and Kagisho Moruri quizzed details he provided to the court, such as the claims that Matsoara travelled to Lesotho 16 times and also that Lipholo confessed about his role in the escape. During their arguments, Makamedi and Moruri said they will dispute the state's version.

The co-accused of Bester are applying for bail in the Bloemfontein Magistrate's Court. So far eight people have been arrested in May 2022.

The accused include accused 1 Matsoara, accused 2 Zolile Sekeleni, accused 3 Lipholo, accused 4 Nandipha Magudumana, accused 5 Bester, accused 6 Masukela, accused 7 Makhotsa, and accused 8 Jansen.

Nastassja Jansen

They were charged with aiding and abetting a prisoner to escape, arson, fraud, defeating the ends of justice, and violating a corpse.

Seven employees were suspended from the company following Bester's escape. It's understood that 23 officials were on duty during the escape.

The state witness pleaded with Magistrate Mohlolo Khabisi not to grant bail to the five accused, citing the serious nature of the charges. He also said if the accused were to be released this would undermine the justice system. The state witness also said should they be released, residents might attack them.

The witness previously told the court that Bereng's body – which was burnt inside cell 35 in the Broadway block at the Mangaung Prison – was placed in a trolley dustbin before it was taken to Bester's cell.  

ALSO READ – Bester escape case: Chilling details revealed in Bfn court

The body was allegedly brought inside the premises of the Mangaung Prison on 29 April 2022 by Matsoara, whilst driving a vehicle rented by Sekeleni, who is the father of Magudumana.

The witness said during the escape, Bester was handed a G4S uniform and walked out of the prison premises with Lipholo.

Lipholo was allegedly promised R2,5 million by Matsoara but he only received R40 000, with R30 000 paid to the bank account of his wife in April 2022, and R10 000 into his account in May 2022, by Matsoara.

Matsoara gained entry to the premises with Bereng's body without being searched. Later it was placed in cell 35 by him and Lipholo before it was burned.

The bail hearing will continue on Tuesday, 23 May 2023.

OFM News