Magudumana bail hearing postponed to Monday
DISGRACED Dr Nandipha Magudumana is set to remain in custody as her bail hearing was postponed to next month amid her legal team’s putting up an argument against the State’s objection to her bid for freedom.
Magudumana dismissed claims that she is a flight risk after the State opposed her bid on the basis that she is facing five separate cases of fraud amounting to millions.
Yesterday marked the second day for Magudumana, the girlfriend of convicted rapist and killer Thabo Bester, to apply for bail.
The Bloemfontein Magistrate’s Court postponed the hearing to September 4.
Appearing in court on Tuesday, Magudumana claimed Bester kidnapped her and took her out of South Africa.
A weeping Magudumana declined to take the stand and exercised her right to remain silent, only offering an affidavit to the court that claimed her lover, Bester, forced her into a vehicle before they left South Africa.
Magudumana, through her lawyer, denied the accusations by stating that she has two passports; her legal team asked where there is evidence to that effect.
“The issue of a passport being used 23 times for trips outside South Africa ... The passport is in the possession of the police; ordinarily, it
shouldn’t be attached to show proof to that effect, but that has not been done. But if you also look at what they are saying.
“They are saying she went out of the country 23 times, but she was still coming back to South Africa. Now why do you say she will escape?” asked Magudumana’s lawyer, advocate Frans Dlamini.
With regard to the claim by the State that Magudumana is facing five fraud cases, Dlamini said the applicant has not been charged, arrested, or approached by the police.
He said they were going to challenge the other charges.
“The applicant has not been charged, approached by police, or brought to court.
“The cases cannot be regarded as pending cases against the applicant; there are none,” Dlamini said.
Free State National Prosecuting Authority spokesperson Phaladi Shuping confirmed that the case will be back in court on Monday.
Chad Thomas, a veteran organised and financial crime investigator from IRS Forensic Investigations, said Magudumana may evade justice if granted bail.
“This lady has left the country; she has been part of an organised crime structure that put together a daring and audacious plan to assist in the escape of somebody from a maximum security prison.
“So I do agree with the State’s contention that she could evade arrest; she knows how to leave the country; she presents a massive risk,” Thomas said.
Magudumana and Bester were arrested in Arusha, Tanzania, in April this year after escaping from South Africa, following news reports that Bester made a daring escape from the Mangaung Correctional Facility.