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‘Magudumana must be released on bail if the state can’t prove she will evade trial’ – lawyer
Magudumana's lawyer said she had no previous convictions and wanted to be released on bail so that she could look after her children.
Thabo Bester and his girlfriend Dr Nandipha Magudumana were previously reunited in court. Photo: Screengrab
If the state cannot prove that Nandipha Magudumana, the girlfriend of convicted rapist and murderer Thabo Bester, is a flight risk, then she must be released on bail.
This was presented by Magudumana‘s defence lawyer, Machini Motloung, in his closing arguments in the Bloemfontein Magistrate’s Court on Monday.
Her criminally charged father, Zolile Cornelius Sekeleni, and siblings were also in court.
Motloung, who took over from Frans Dlamini, told the court that a range of case law needs to be considered for Magudumana’s bail application.
Evading trial
Motloung said the state had not established that Magudumana is likely to evade trial.
“If it cannot be established that there is likelihood that if she is admitted to bail, she will attempt to evade trial… that’s the end of the debate,” Motloung said.
On the nature of bail, Motloung said the law was clear that bail applications should not be a “dress rehearsal” for a criminal trial.
“It is regrettable that she couldn’t deal with allegations that she was disbarred. There is proof to the contrary. She hasn’t been generating income for about four months. An amount of R10 000 would be fair.”
ALSO READ: Magudumana’s lawyer says she ‘has strong family ties in SA and will not evade trial’
Witnesses
Motloung also said Magudumana would not interfere with witnesses.
“The applicant says she has no knowledge of the witnesses. Can a fear with no legal basis be used in opposition of bail?”
On the issue by the state that Magudumana was smiling at Bester in court, Motloung had this to say: “What does that have to do with what happened four months ago? This aspect will be dealt with sufficiently during trial.”
Dealing with the state’s submission that Magudumana avoided the police for 11 months, Motloung said this was not displayed by the state.
Motloung also argued Magudumana had no previous convictions and that she wanted to be released on bail so that she could look after her children.
ALSO READ: ALSO READ: WATCH: Nandipha Magudumana breaks down in court, claims she was ‘forced to leave SA’
