The National Prosecuting Authority (NPA) says it hopes it has convinced the High Court in the Free State to find in their favour in the appeal matter of three men accused of aiding convicted Facebook rapist and murderer Thabo Bester to escape from prison.
Accused number one Senohe Matsoara, accused number seven Tieho Makhotsa and Teboho Lipholo are appealing the denial of bail by magistrate Mohlolo Khabisi in May.
The Free State NPA spokesperson Phaladi Shuping says, “As the NPA we still maintain that it will not be in the best interest of justice for the accused to be released on bail. So we are hoping that the decision of the court will be in favour of the state in that it will not be in the best interest of justice for the accused to be released on bail.”
Arguing for his clients Matsoara and Makhotsa, lawyer Kagisho Moruri told the high court that except for the media coverage, the escape case was not exceptional.
He emphasised that the magistrate was also wrong for overlooking section 60 subsection 9 of the Criminal Procedure act which outlines the test a magistrate should consider in weighing interest of justice in a bail application. Moruri asserted that magistrate Khabisi instead looked at the personal circumstances of the accused.
Judgment in the case has been reserved.
