The state said Magudumana is also likely to influence and intimidate witnesses or conceal and destroy evidence if she is released
The state in the bail application of disgraced medical doctor Nandipha Magudumana has told the Bloemfontein Magistrates Court she lied about being kidnapped by her boyfriend Thabo Bester and will likely flee the country if granted bail
An emotional and teary-eyed Magudumana appeared in court on Tuesday, seeking bail.
State Prosecutor Sello Matlhoko read an affidavit by Detective Captain Tieho Jobo Flyman the Investigating Officer (IO) in the Thabo Bester prison escape case, and said the state is opposing Magudumana’s bid for bail.
Watch the state opposing the bail application by Magudumana
“The applicant is applying for bail. I believe this application falls within the schedule five of act 51 of 1977. This application for bail is opposed for the following reason; there is a likelihood that if she is released on bail will attempt to evade her trial.”
Flyman’s affidavit also claimed Magudumana fetched Bester from KwaZulu-Natal using her Porsche after the escape and she abandoned her children who are living with their father.
“The applicant hasn’t contacted the father and has been calling friends and her legal team from prison.”
The state said Magudumana is currently facing five separate cases of fraud amounting to almost R23-million.
“She has everything to lose if she remains in South Africa…The applicant is facing serious charges. The state has an overwhelming case against the applicant.”
Matlhoko said Magudumana is also likely to influence and intimidate witnesses or conceal and destroy evidence if she is released on bail.
Magudumana shook her head while this part of the affidavit was being read out.
“Some of the witnesses are known to the applicants. The counts of corruption are an indication that she could influence witnesses.”
Matlhoko said the state disputes the allegation Magudumana was kidnapped and forced to leave the country by Bester against her will.
“Through thorough investigation, I have established that the applicant was the one who drove from Johannesburg to Tanzania to fetch accused five (Bester) from KwaZulu-Natal after his escape.
“Looking at how the applicant is involved and the role she played in the escape of accused five, there is not a piece of evidence that she was at any stage forced and or threatened in any manner…Since their arrest no case was opened of kidnapping,” Matlhoko said.
Matlhoko said Bester and Magudumana’s crimes jeopardised the public confidence in the criminal justice system.
“The applicant has no respect for the justice system.”
Matlhoko said Magudumana and Bester “appeared to be showing affection” for each other when they appeared in court earlier this month.
“They were seen holding hands and smiling to each other.”
Earlier, Magudumana’s affidavit read into the record by her lawyer Frans Dlamini alleged she was taken out of South Africa against her will by Bester.
“On or about the 17th of March 2023 I was in the company of accused number five (Bester). I was instructed and commanded by accuse number five to get into the vehicle and leave the premises to a destination unknown to me at the time.
“I refused and wanted an explanation but he forced me into a vehicle and I succumbed to pressure due to the threats he directed at me. I was defenceless, helpless and had no one to report to at the time,” Magudumana said.
Magudumana previously reserved her right to bail in May 2023, pending the outcome of an application to have her arrest and extradition from Tanzania declared unlawful.
Bester and Magudumana were arrested in April, about 10km out of Arusha in Tanzania, after fleeing the hotel they were staying in.
The Facebook rapist escaped from the Mangaung Correctional Centre (MCC) in Bloemfontein in May 2022, after it was initially believed he had committed suicide by setting himself alight in his cell.
The matter has been rolled over to Wednesday, 30 August.