Three more accused in the Thabo Bester escape case were granted bail of R10,000 each on Wednesday. Former G4S employees Senohe Matsoara, Tieho Makhotsa, and Teboho Lipholo, a former employee of CCTV service provider Integritron Integrated Solutions, were denied bail at a hearing in May this year. They face Schedule 5 charges of corruption related to accepting bribes and aiding the escape, among other charges. The Bloemfontein Magistrates Court previously found that Matsoara, Makhotsa, and Lipholo did not provide sufficient evidence that they would not interfere with state witnesses. The three then appealed the decision in the Bloemfontein High Court. Judge Joseph Mhlambi set aside the previous ruling in May and awarded the three bail.
The state presented oral testimony by Lieutenant-Colonel Tieho Flyman, who opposed bail on the grounds that the accused were a flight risk and may attempt to influence or intimidate witnesses, jeopardize the functioning of the criminal justice system, and disturb public order or undermine public peace or security if they were released on bail. Advocate Kagisho Moruri, for Matsoara and Makhotsa, argued that the previous court "misdirected itself" by finding that the accused might attempt to evade trial if released on bail. He said that Matsoara and Makhotsa had fixed addresses and surrendered their passports, and there was no evidence that Matsoara and Makhotsa would attempt to influence or intimidate witnesses if they were released on bail.
Lipholo's attorney argued that the presiding officer failed to evaluate and analyze the personal circumstances of each applicant. The state argued for the appeal to be dismissed, emphasizing the nature and seriousness of the crimes and the likelihood that their release would undermine public peace or security.
Judge Mhlambi found that when considering whether an accused is a flight risk, the court may consider the accused's emotional, family, community, or occupational ties to the place where they are tried, as well as the means and travel documents held by the accused, which may enable them to leave the country. The bail conditions prohibit them from contacting any witnesses and they may not leave Bloemfontein without the permission of the investigating officer.
