Bester failed to prove his right to fair trial is undermined, rules High Court

The Free State High Court said while Thabo Bester should be afforded adequate time to consult his legal team when necessary, he's failed to prove that the Department of Correctional Services officials have infringed upon his right to a fair trial.

On Tuesday, the court dismissed the convicted rapist and murderer’s application in which he argued he wasn’t given enough time and space for legal consultations.

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Bester also maintained that being held in solitary confinement for 23 hours a day while preparing for trial is unconstitutional.

He had initially requested at least seven hours a day for legal consultations.

However, in its judgment, the Free State High Court described this as an impractical and disingenuous request, noting that Bester later conceded that two hours per day would suffice.

The court also highlighted concerns over his transfer from Kgosi Mampuru II Correctional Facility in Pretoria to eBongweni Super Maximum Correctional Facility in Kokstad.

It noted that his rights to proper consultations with his Gauteng-based legal team, who now have to travel 700 kilometres to meet for consultation, were effectively ignored.

However, the court said it could not rule on the transfer itself, as that matter is being handled by the Gauteng High Court.