Nicolaas Ockert Bester has been ruled unfit to undergo trial in February regarding accusations of making threatening online comments aimed at Grace Tame. Nevertheless, he is scheduled to participate in a “special hearing” later this year, which will be overseen by a magistrate.
The hearing is set for three days in September, during which the court will evaluate whether Bester, a former school teacher, made ‘menacing’ social media posts concerning Tame, the 2021 Australian of the Year who was previously his student.
Bester was found unfit to stand trial on three charges related to using a communication service to menace, harass, or offend in 2022. Allegedly, he posted public messages on Twitter, now known as X, that could be perceived by a reasonable person as menacing towards Ms. Tame. In 2023, he entered a not guilty plea for all counts.
In a 2024 court session, Bester’s attorney, Todd Kovacic, informed the court that Bester suffers from vascular dementia. Previously, in 2011, he received a two-and-a-half-year prison sentence for sexually abusing Grace Tame, who was a 15-year-old student at the time, as well as for possessing child exploitation materials.
During today’s session at the Hobart Magistrates Court, the admissibility of Bester’s police interview concerning the alleged menacing social media comments was debated by both the prosecution and the defense. The court noted that submissions from both sides would be necessary to decide if this interview could be utilized as evidence in the upcoming special hearing.
As per Tasmanian law, a “special hearing” aims to ascertain whether the defendant, despite being deemed unfit for trial, can still be considered not guilty based on the limited available evidence. The court has the options to find Bester not guilty or declare that a not guilty finding cannot be established; however, it cannot convict him.
The prosecution indicated that if their claims are not disputed, the hearing may be completed in just one day. Conversely, if the facts are challenged, the hearing could extend to the full three days. Mr. Kovacic acknowledged that the police interview remains a significant issue, but Magistrate Andrew McKee instructed him to submit his arguments regarding this matter to the prosecution three weeks ahead of the next hearing set for July. The magistrate has confirmed the three-day period in September for the contested hearing.
