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In a dramatic turn of events, the Johannesburg High Court, has given its ruling in favor of streaming service Showmax to air the much awaited four part documentary “Tracking Thabo Bester.”
The decision came after a last minute bid by Thabo Bester, a convicted rapist and murderer, and his girlfriend, Nandipha Magudumana to stop the release of the documentary.
Bester who is currently serving a life sentence for a series of crimes and Magudumana who is facing charges for aiding his escape, made the argument that the documentary would preempt their right to a fair trial.
They asserted that the film, which deals with Bester’s crimes and the audacious prison escape he planned with Magudumana’s help in 2022, will unduly influence public opinion.
However, Judge Stuart Wilson dismissed their concerns.
The judge ruled that Bester and Magudumana failed to give a persuasive argument to warrant stopping the release of the documentary.
“I see no grounds for which Bester & Magudumana may be given any relief. Consequently, the application is dismissed”. He said.
The court’s decision highlights the ongoing tension between freedom of expression and the right to a fair trial.
Bester’s lawyers made an argument that the documentary might spoil the jury pool and hence it would be impossible for him to get a fair trial in future.
However, Showmax counter-argued that the public has the right to know about such high-profile cases and the documentary does not prejudice his right to defend himself in court.
Bester and Magudumana also raised concerns about privacy violations.
They argued that the documentary used their likenesses without their consent.
However, legal experts believe this argument holds little weight.
Given Bester’s status as a public figure due to his crimes and escape, the public interest in the story outweighs privacy concerns.
Related: Showmax Faces Legal Battle as it Moves to Premiere New Documentary
Showmax expressed relief and satisfaction with the court’s decision.
In a statement, the streaming service said, “We are pleased with the court’s ruling. We believe ‘Tracking Thabo Bester’ is a compelling and important story that the public deserves to hear.
This case raises critical questions about accountability, justice, and the power dynamics within relationships.”
The public interest around the “Tracking Thabo Bester” release is certain.
It is assumed that the documentary will bring to light Bester’s crimes, his escape, and the continued manhunt for him.
It will also likely initiate discussions about the justice system, prison security, and the role of the media in high profile cases.
While Showmax is allowed to proceed with the release of the documentary following the court’s decision, there are still many unanswered questions about Thabo Bester.
Bester remains at large, and Magudumana has not yet gone to trial.
People will be waiting on “Tracking Thabo Bester” to give them answers and insights into this complicated ongoing case.