Dr Nandipha Magudumana and her co-accused will return to court, on Wednesday, where she is expected to launch a ferocious bid for bail.
UPDATE: Following a legal tussle between the State and defence attorneys for the eight accused suspects, the Bloemfontein Magistrate’s Court postponed bail proceedings to 11 and 12 May 2023. All suspects will remain in custody until then.
Watch live: Dr Nandipha returns to court
Magudumana will appear alongside Senohe Matsoara and Tebogo Lipholo at the Bloemfontein Magistrate’s Court for what’s expected to be the first of an eventful two-day affair, where state prosecutors will, by any means necessary, argue against the disgraced doctor’s conditional release.
While Matsoara and Lipholo’s chances of securing bail are greater, due to the nature of their alleged involvement in Thabo Bester’s prison break, which, coincidentally, occurred a year ago on this day, Dr Nandipha’s bid will be an uphill battle, according to legal expert Dr Inez Bezuidenhout.
Speaking to eNCA‘s Silindelo Masikane, Bezuidenhout explained one of the crucial stumbling blocks for Magudumana’s bail hopes is the premeditated murder charge she faces, which is a Schedule 6 offence.
“We expect quite an uphill battle tomorrow (Wednesday, 3 May 2023) for the bail applicant. One needs to remember that one of the charges is murder… and murder under those circumstances could possibly be regarded as murder pre-planned, which resorts this crime under a Schedule 6 offence,” she said.
Mangaung local Katlego Bereng Mpholo was recently identified as the corpse that was burned inside Bester’s cell the morning he escaped, and investigators believe Dr Nandipha may have played a crucial role in targeting the victim.
Dr Bezuidenout explained the burden will lie on the shoulders of Dr Nandipha “to prove to court that there is exceptional circumstances why it is in the interest of justice to permit her release on bail.”
Moreover, this early into the case, Dr Bezuidenhout added, the Bloemfontein Magistrate’s Court will play an inquisitorial role in the bail hearings, suggesting that the state will have the freedom to present hearsay evidence.
“We need to remember that tomorrow is only the bail application and that the court is not concerned at all with the guilt or innocence of any of the applicants appearing… One also needs to take into account it will be two gruelling days in court with evidence being led, cross-examination being expected,” she said.
Court proceedings are expected to kick off at 09:00 on Wednesday, and the live stream will be added below as soon as it’s available.
NOTE: The live stream link will be embedded below as soon as it becomes available.