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.
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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.
Court proceedings are expected to kick off at 09:00 on Wednesday.
