Bleak birthday for Magudumana as bail case postponed

Convicted murderer Thabo Bester’s girlfriend Nandipha Magudumana will have to wait until 11 September to find out if she will be released on bail.

Magudumana, who celebrated her 35^th birthday on Monday, was back in the dock as arguments continued in her bail application.

Magudumana has so far spent four months in jail.

‘No flight risk’

Defence advocate Machini Motloung said Magudumana has no interest in leaving the country or evading her trial because she wants to be released on bail to look after her children.

“The applicant has been travelling in and outside South Africa, coming back with no issues whatsoever. The accused’s passport is confiscated. The real question is whether or not the accused has any other business to do or deal with outside the Republic of South Africa.

“To this end, the applicant has not produced such evidence, neither did the state in its opposition produce evidence that the applicant has some interest outside the borders of the Republic of South Africa,” said Motloung.

ALSO READ: ‘Magudumana must be released on bail if the state can’t prove she will evade trial’ – lawyer

Motloung said Magudumana’s right to liberty would be compromised if she was not released on bail.

“There is no indication when the criminal trial would proceed. Until she is convicted of the crimes, she must be presumed innocent,” he said.

Kidnapping

Earlier, state prosecutor Sello Matlhoko questioned why Magudumana hadn’t opened a criminal case against Bester when she claimed he kidnapped her.

Magudumana previously told the court that Bester had taken her to Tanzania against her will.

“The applicant is kidnapped by accused five. She says she resisted and was overpowered. Accused five took her away from her children, denying her parental responsibility that she says has over the two children.

“They do not reveal where they met, how they met, or how he kidnapped her, at all. Is it by gunpoint? Is it by knife? How was she kidnapped?… She is not taking the court into her confidence,” Matlhoko said.

He argued that Magudumana had not provided evidence to assure the court she should be released on bail that she would not be a flight risk.

The bail application has been postponed to Monday, 11 September for judgment.

ALSO READ: Magudumana’s lawyer says she ‘has strong family ties in SA and will not evade trial’