Thabo Bester Seeks to Postpone Trial, Citing Legal Rights and Mental Health Concerns

Thabo Bester, a convicted rapist and murderer, is currently embroiled in a legal battle after allegedly escaping from prison. Represented by his new attorneys from Dinana Reid Inc, Bester is filing a high court application to address his constrained access to legal consultation while being held at Kgosi Mampuru maximum security prison in Pretoria.

Bester's advocate, Lerato Moela, during a short session at the Free State High Court on Thursday, appealed for the delay of Bester’s trial until the high court reviews the new application. The defense points to significant hurdles in preparing for the case, highlighting that their client is only permitted two hours a day for consultation, which they argue is insufficient.

Moela brought attention to two pivotal issues within the application: the right to legal representation and the concern for Bester's mental health under the stringent conditions of his incarceration. An additional element that Moela hinted at, though details were scant, was a possible contestation of the court's jurisdiction in Bester’s case.

In contrast, the prosecution, led by Amanda Bester, who is not related to Thabo Bester, opposed the postponement. She emphasized the lack of formality as no official papers had been served for the mentioned application and brought to light Bester’s intention to introduce another application asserting that he was abducted from Tanzania. However, his representatives have disassociated themselves from that claim.

Judge Cagney Mmusi acknowledged that since the applications were not yet formally presented to the court, he could not consider them. The unfolding of the legal drama was further complicated as two co-accused, Senohe Matsoara and Tieho Makhotsa, face their dilemma—the withdrawal of their private lawyers and the subsequent need to apply for legal aid.

Considering these complexities, Mmusi adjourned the case to provide the accused time to solidify their legal defenses. This adjournment until July 31 also accords Bester and his counsel additional opportunity to strategize.

This legal skirmish continues to draw attention to issues of inmates' rights, mental health considerations in the penal system, and the challenges of navigating legal proceedings within a high-security context.