The Mpumalanga High Court has provisionally withdrawn all the charges against Sipho Mkhatshwa, Philemon Lukhele, Albert Gama and Hlabirwa Rassie Nkuna, the accused of the murder of Hillary Gardee, the daughter of Godrich Gardee, the former EFF secretary general.
They were due to begin trial today, April 12.
The charges include rape, kidnapping and murder. However, Lukhele was acquitted of the rape charge in September.
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The state told the court today its three witnesses, who were set to take the stand, were no longer available, although they had previously been prepared to do so. The reason for this is as yet unknown.
The defence did not object to the ruling to have the charges withdrawn. The court said the charges are provisionally withdrawn, but that the accused have not been acquitted, and the state will have to inform the court when it is ready to resume with the trial again.
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Gardee’s body was found in a plantation on the R37 a few days after she had gone missing on April 29, 2022.
