Magudumana can appeal bail outcome - expert

Zikalala reacted on the Bloemfontein Magistrate Court denying her bail on Monday morning.

She is accused of helping convicted rapist and killer Thabo Bester escape from prison in May 2022.

The couple was arrested in Arusha, Tanzania  in April, where authorities suspected that the couple was headed for the border between Tanzania and Kenya.

Magudumana has spent five months in custody since her arrest. She first tried to declare her arrest in Tanzania unlawful, but this bid was denied.

Magudumana is appealing this ruling. 

Zikalala says Magudumana can still appeal Magistrate Estelle de Lange's ruling.

"If she want's to do that as soon as possible, she can request the copies of the transcript today (Monday) and prepare her pre-record highlighting all the instances which she would think the judge might have over stepped."

De Lange ruled that Magudumana had failed to prove to the court that the interest of justice warrants her release on bail.

"I am of the opinion bail conditions will not be enough to make her stand her trial. She will have more means to help Bester to escape. If she is released she could facilate another escape if she wants too."

"The interests of justice don't permit one's release if one of these grounds is established, likelihood that their release will endanger society, whether they will evade their trial, whether they will intimidate witnesses, or they will undermine functioning of criminal justice system, or whether their release will disturb public order."

Meanwhile, the National Prosecuting Authority has welcomed the ruling.

"From the start we have been saying that it would not be in the best interest of justice for the accused to be released on bail and finally today the court agreed with the prosecution that it is not in best interest of justice for the accused to be released on bail", said NPA spokesperson Phaladi Shuping.

"It was also one of our concerns that she left the country without using her passport even though the passport was found in her possession and the statement that she was forced to flee the country was made after four months of her arrest, we are not buying that statement. Fortunately the court agreed with us that  whatever she presented before the court in an attempt to be released on bail is something that can not be legally allowed hence the courts refusal to release her on bail."

Magudumana is to remain in custody and is expected to return to court on the 11 of October with eleven co-accused. 

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