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Beauty and the Bester: South African rapist Thabo Bester loses bid to block Netflix film | Beauty and the Bester: South African rapist Thabo Bester loses bid to block Netflix film |
(about 5 hours later) | |
Thabo Bester was dubbed the "Facebook rapist" as he lured his victims through the site | Thabo Bester was dubbed the "Facebook rapist" as he lured his victims through the site |
Convicted South African rapist Thabo Bester has lost a court bid to block Netflix from broadcasting a documentary about his life - including how he allegedly faked his death and escaped from prison. | Convicted South African rapist Thabo Bester has lost a court bid to block Netflix from broadcasting a documentary about his life - including how he allegedly faked his death and escaped from prison. |
His lawyers argued that Beauty and the Bester was defamatory, but the streaming giant defended its plan to release the three-part investigation. | His lawyers argued that Beauty and the Bester was defamatory, but the streaming giant defended its plan to release the three-part investigation. |
Bester's partner, celebrity doctor Nandipha Magudumana, features in the documentary, having allegedly helped him escape. She was part of the court bid to halt the release. | Bester's partner, celebrity doctor Nandipha Magudumana, features in the documentary, having allegedly helped him escape. She was part of the court bid to halt the release. |
In a court ruling on Friday, a judge said the rape case was "firmly in the public domain" and that they had failed to prove that their petition was urgent. | In a court ruling on Friday, a judge said the rape case was "firmly in the public domain" and that they had failed to prove that their petition was urgent. |
She however said that the pair would still be free to sue for defamation if they wished, after the documentary airs. It was released hours after Friday's judgement was delivered. | |
Bester was convicted in 2012 for the rape and murder of his model girlfriend Nomfundo Tyhulu. | Bester was convicted in 2012 for the rape and murder of his model girlfriend Nomfundo Tyhulu. |
A year earlier, he was found guilty of raping and robbing two other women. | A year earlier, he was found guilty of raping and robbing two other women. |
Bester became known as the "Facebook rapist" for using the social networking site to lure his victims. | Bester became known as the "Facebook rapist" for using the social networking site to lure his victims. |
He was serving a life sentence when he allegedly escaped from a maximum security prison in 2022. | He was serving a life sentence when he allegedly escaped from a maximum security prison in 2022. |
A fire broke out in prison, with the authorities finding a charred body that they thought was Bester's. However, it turned out to be that of another person. | A fire broke out in prison, with the authorities finding a charred body that they thought was Bester's. However, it turned out to be that of another person. |
Undetected for a year, Bester then allegedly lived under an alias in South Africa's main city, Johannesburg, helped by his partner. | Undetected for a year, Bester then allegedly lived under an alias in South Africa's main city, Johannesburg, helped by his partner. |
The pair were arrested while on the run in the East African state of Tanzania in April 2023, and were deported. | The pair were arrested while on the run in the East African state of Tanzania in April 2023, and were deported. |
They are currently in custody, awaiting trial on several charges - including violating a corpse, defeating the ends of justice and fraud. | They are currently in custody, awaiting trial on several charges - including violating a corpse, defeating the ends of justice and fraud. |
They have not yet pleaded to the charges. | They have not yet pleaded to the charges. |
The two had petitioned the court to halt the much-anticipated Netflix documentary, saying it infringed their right to a fair trial. | The two had petitioned the court to halt the much-anticipated Netflix documentary, saying it infringed their right to a fair trial. |
Handing down judgment on Friday, Judge Sulet Potterill said the applications lacked urgency, terming it a "self-created urgency". | Handing down judgment on Friday, Judge Sulet Potterill said the applications lacked urgency, terming it a "self-created urgency". |
The judge said Bester and Magudumana had ample time to launch their applications and "waited until the last minute" to file it as urgent. | The judge said Bester and Magudumana had ample time to launch their applications and "waited until the last minute" to file it as urgent. |
But the court ruled that it was open to hear their substantive redress, including suing for defamation, as the case law was clear about that. | But the court ruled that it was open to hear their substantive redress, including suing for defamation, as the case law was clear about that. |
"A defamation claim can be instituted and damages sought. I cannot find in any way that the screening of the utterances they find to make the doctor guilty affects her right to a fair trial," the judge ruled. | "A defamation claim can be instituted and damages sought. I cannot find in any way that the screening of the utterances they find to make the doctor guilty affects her right to a fair trial," the judge ruled. |
More about South Africa from the BBC: | More about South Africa from the BBC: |
South Africa's frontline volunteer crime fighters | South Africa's frontline volunteer crime fighters |
Survivors of South Africa's horrific building fire now live in fear of guns | Survivors of South Africa's horrific building fire now live in fear of guns |
Childhood obesity: The South African campaigners fighting for healthy food | Childhood obesity: The South African campaigners fighting for healthy food |
Go to BBCAfrica.com for more news from the African continent. | Go to BBCAfrica.com for more news from the African continent. |
Follow us on Twitter @BBCAfrica, on Facebook at BBC Africa or on Instagram at bbcafrica | Follow us on Twitter @BBCAfrica, on Facebook at BBC Africa or on Instagram at bbcafrica |