By: Xolani Khumalo
Rapist and convicted murderer Thabo Bester and his former girlfriend Nandipha Magudumana have lost their bid to block Netflix from flighting a documentary about their lives the Beauty and the Bester.
The Pretoria High court has dismissed the duos urgent applicationto have the steaming giant halt the three-part series from going on air which includes how Bester allegedly faked his own death and escaped from prison.
Their lawyers had argued that airing the documentary while the criminal trial of the two is still underway lead to them being convicted in the court of public opinion adding that they have the right to be presumed innocent until found guilty.
Delivering the court’s judgement Judge Sulet Potterill says as much as the public will form their opinion about Bester and Magudumana but no judge will be influenced by the documentary.
“The court went as far as to say that prior restraint can only be granted if prejudice can only be granted if the prejudice is demonstratable and substantial. It is a real risk that it would occur, speculations argued in this court is no is not sufficient.
I am therefore satisfied with this application did not comply with rule 6 (12), in that it did not address substantial redress and in fact there is substantial redress in due course. For this reason, this matter is also struck from the roll,” ruled Potterill.
