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Outside the High Court in Pretoria.
The two lovers alleged to be part of a prison escape took streaming company Netflix to court on an urgent application to halt airing of a documentary, Beauty and the Bester, scheduled to be aired Friday morning.
Bester’s legal representative, Advocate Moafrika Wa Maila, says Bester will suffer prejudice as flighting the documentary will infringe on his right to a fair trial.
Wa Maila says from the trailer, Magudumana’s father is featured, arguing that his human dignity and his right to be presumed innocent until guilty will be infringed.
Magudumana’s lawyer, Advocate Lerato Moela, told the court that she had an agreement with production company, Storyscope, for the commercial use of her archives. However, Moela says that agreement is not binding.
Representing Netflix, Advocate Thembeka Ngcukaitobi read out communication between Dr Magudumana’s legal representative and the filmmaker, which confirms that Magudumana was paid.
“A fellow called Mr. Bonelena, who is an attorney who acted for Miss Magudumana wrote the following: ‘Hi Neil’ … Neil is the filmmaker of the documentary maker. ‘Compliments of the New Year, and God bless the journey ahead. Please be advised that Nandipha is finally going to speak and address a few things. She and her attorneys are comfortable for sharing on the record. This is a welcome development. However, she’s not prepared to do it before the payment of the last payment is done, which is ultimately only meant to be paid later’. She can’t now come and say that I never had a chance to comment. She was given a chance to comment,” says Ngcukaitobi.
Meanwhile, Wa Moila says it can’t be assumed that Bester escaped from prison.
Ngcukaitobi says Bester cannot claim defamation as he is already a convicted rapist and murderer.
Bester’s legal representative argued that the documentary paints him as a monster. However Ngcukaitobi says the documentary simply highlights information that is already made public.
“What about defamation? That the documentary basically defames us? Now, it is an impossible argument to run. Thabo is a rapist, and was sentenced to life. And he was also a murderer. The fact that he is a rapist and a murderer, he cannot be defamed. Now, there is a fact that has been established by the Supreme Court of Appeal, that he escaped from prison.”
Judgment is expected to be delivered a few minutes before the documentary airs.
