Convicted rapist and murderer Thabo Bester‘s lawyer Adv Lerato Moela has argued in the Free State High Court that his client’s application must be heard in the Criminal Court because it arises out of a criminal matter.

Moela argues that Bester didn’t approach the court of his own volition but it was a directive to come to the High Court for it to determine whether the matter is criminal or not. He contends that the criminal court could have determined the jurisdiction.

Bester says he cannot prepare for his main trial because he has been kept in solitary confinement for 23 hours.

Deputy Judge Martha Mbhele has reserved judgment.