Johannesburg - Magistrate Mohlolo Khabisi has released Nastassja Jansen on R10 000 bail following weeks of bail application hearings involving five former G4S employees who allegedly assisted Thabo Bester to escape from the Mangaung Correctional Centre in May 2022.
The four other applicants were denied bail, with Khabisi saying they had, in their statements, failed to convince the court of their innocence.
Leading up to her release, the investigating officer had acknowledged that one of the former G4S employees accused of assisting in Bester’s escape was not paid a cent.
“We are happy the judgment was fair and right; it was our version from the start that no evidence linked my client to the matter. I would advise my client not to be in contact with any of the accused or employees of G4S,” Jansen’s lawyer, Gary Botha, told the SABC.
The four applicants – Senohe Matsoara, Buti (Motenyane John) Masukela, Tieho Frans Makhotsa and CCTV technician Teboho James Lipholo – were remanded in custody, and will be appearing before the same court on June 20. Jansen is also expected to make her appearance on the same day.
Khabisi said the evidence in court was too “porous”, and it would not be in the interests of justice to keep Jansen in prison.
“An accused in custody shall be entitled to be released on bail if the court is satisfied that the interests of justice permits release. No evidence was led on their behalf, but they used statements. The public prosecutor correctly argues that no weight must be attached to the statements,” he said.
Khabisi said there was a potential for community outrage, which in turn could undermine the country’s justice system in the eyes of the community, which is why he strongly opposed bail for the four other accused.
“Evidence on affidavits is less persuasive than oral evidence … Community outrage might lead to public disorder if the accused is released and the safety of the accused might be jeopardised. This might also undermine public confidence in the justice system. I am convinced there is a prima facie case against applicants 1-4. The court is also concerned about the allegation that the offence was committed at a place that was supposed to be secured and a safe place,” the magistrate said before denying the accused bail.
Part of Jansen’s bail conditions included reporting to the police station, as well as ensuring that she attended all her court appearances.
Ahead of the judgment, Jansen had argued that she was the primary carer to her children, who were relying on her for survival as she was not married to their fathers.
The Star