Thabo Bester's lawyers say it would be a travesty of justice if ruling on his imprisonment conditions left unchallenged

JOHANNESBURG - Lawyers for convicted killer and rapist, Thabo Bester, have told the Constitutional Court it would be a travesty of justice if a judgment on the conditions of his imprisonment was left unchallenged.

Bester has petitioned the apex court for direct access after the Free State High Court ruled against him.

The court refused to address Bester’s plea on the alleged poor conditions of his imprisonment, highlighting that it was a civil court matter.

This court process is running parallel to his main case where he is charged with breaking out of the Mangaung Prison where he was serving a life sentence.

When Bester’s lawyers tried to address Judge President Cagney Musi on their concerns about his imprisonment in July, Musi dismissed it as half-baked and unripe.

He also advised them that their concerns, including how Bester was not being allowed to consult with his lawyers, should be raised in the civil court.

Bester’s lawyers continued in their bid for his case to be heard in the criminal court, objecting to Judge Musi’s counsel.

But the Free State High Court handed down a judgment in February, dismissing Bester’s objection.

Now he is headed to the apex court.

In his court papers, he argues that the high court judgment against him has created a dangerous precedent that would create judicial chaos in our law.

They contend that the high court did not adequately address the question of which court Bester’s fair trial matter should be heard in.

As they petition the Constitutional Court for direct access, Bester’s lawyers said they would approach the high court for leave to appeal its judgment.