THABO Bester’s lawyers have complained they are finding it difficult to consult with the convicted rapist and murderer due to restrictions at the Kgosi Mampuru Correctional Centre in Pretoria where he is being held pending trial.
His newly appointed defence advocate, Lerato Moela, says his client’s treatment at the prison is affecting him mentally.
Bester, who escaped from the Mangaung Correctional Centre in Bloemfontein in May 2022, appeared in the Free State High Court on Wednesday together with his co-accused in a case in which they face 30 counts of fraud, corruption, violating a corpse and aiding and abetting a prisoner escape.
“It is difficult to consult with our client, and he is treated as if he is already guilty,” Moela told the court.
“His treatment at the prison is affecting him mentally. The case will be affected or delayed if Bester is not mentally stable.”
Moela asked the court for permission to consult his client in the court cells, saying prison officials had made it difficult for him to speak to Bester.
“Because of the challenges we have been having, each and every time we request a consultation we are given a maximum of two hours and in those two hours we must garner the information, write notes and under difficult circumstances,” the lawyer said.
This is not the first time that Bester’s legal representatives have complained about correctional services officials not giving them enough time to meet their client.
Moela joins a long line of lawyers who have come and gone as his legal representatives, the most recent being Mohammed Seedat who withdrew from the case in June citing logistic problems.
Other lawyers, including advocates Dali Mpofu and Zandile Mshololo, have also withdrawn from representing Bester since he was re-apprehended in April 2023.
“It seems to me at this stage that the matter is not (ready) to proceed to trial,” Judge Cagney Musi said before postponing the pre-trial proceedings on Bester’s prison escape to next week after the lawyer representing two of the accused dropped the case.
The lawyer for Senohe Matsoara and Tieho Makhotsa, the third and sixth accused, withdrew from the matter because he had not been paid
The judge said the two accused must find out whether they are eligible for free legal representation.
“I am minded and inclined to give them an opportunity to apply to Legal Aid South Africa to appoint a legal representative on their behalf if they qualify. That postponement will be very short,” Judge Musi said.
State prosecutor Amanda Bester expressed her frustration with the delays in the pre-trial proceedings.
“We are ready for trial and I think the other accused are ready as well,” she said.
Of the eight accused, Bester, Nandipha Magudumana and Xanda Moyo remain in custody while the rest are out on bail of R10 000 each.
The case will be back in the High Court in Bloemfontein on 31 July. – Staff Reporter