The late Hillary Gardee. Picture: Supplied
The Mpumalanga High Court in Mbombela has provisionally withdrawn the criminal charges against the four men accused of killing Hillary Gardee.
The trial against the accused – Philemon Lukhele, Sipho Mkhatshwa, Mduduzi Gama, and Rassie Nkuna – was meant to get underway on Wednesday in Mbombela.
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However, the matter was provisionally withdrawn after the state prosecutor informed the court that a key state witness could not be found to testify at the trial.
Mpumalanga National Prosecuting Authority (NPA) spokesperson, Monica Nyuswa, said the office of the director of public prosecutions in the province was informed in the morning that the witnesses could not be traced.
Nyuswa said this led to the decision to provisionally withdraw the charges against the accused.
“The prosecution will engage South African Police Service to trace the witnesses in the matter with the hope of reinstating the charges,” she said.
Gardee, the daughter of former Economic Freedom Fighters (EFF) secretary-general Godrich Gardee, was found on 3 May, near a timber plantation outside Mbombela, after she went missing at the Nelspruit Plaza on 29 April.
The 28-year-old was found with stab wounds, boot prints and a gunshot wound.
Judge Takalani Ratshibvumo warned the accused that the withdrawal of the charges did not mean that they were acquitted of the charges of murder, kidnapping, robbery with aggravating circumstances and defeating the ends of justice
Three of the accused men have remained in police custody since their arrest last year, while Lukhele was out on R 20 000 bail with strict conditions.
Speaking to the media after the charges were provisionally withdrawn, Lukhele continued to maintain his innocence over Gardee’s murder and accused the state of malicious prosecution.
“It is not true that the witnesses were not found or were not there; they were never there. It was all lies from the beginning.
“We have always said that history will absolve us and the truth shall set us free. And this shows us that this was a malicious prosecution. The police wrongfully arrested us. That’s what we have been saying from the beginning,” said Lukhele.
He said the charges against him had tarnished his reputation and businesses.
“The NPA should be humiliated and shamed for the fact that they kept us for almost 10 months without [us doing anything wrong].”
Reacting to the withdrawal of the charges against the four men, the EFF accused the National Prosecuting Authority (NPA) of “sheer incompetence”.
In a strongly worded statement, the Red Berets expressed concern over the “unpreparedness” of the state to prosecute perpetrators of gender-based violence (GBV).
The party said the Gardee case was “yet another shocking display of the lack of coherence and seriousness within the justice system” to properly prosecute GBV cases.
“The sudden disappearance of witnesses should be a cause for concern, as it raises the suspicion that they have either been intimidated or have been dealt with in a clandestine manner, which is all too frequent when it comes to whistleblowers in South Africa.
“Despite this, the withdrawal of the charges against the accused on the basis of the inexplicable disappearance of witnesses, is not a confirmation of innocence.”
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The EFF further accused the NPA and the South African Police Services (Saps) of irresponsibly handling the case from the onset.
“The incapacity of these institutions to utilise technology and forensic evidence as the basis of their investigation, has led to confusion, and immeasurable pain and suffering to the Gardee family and all those with a keen interest in the matter.
“The ongoing delays and lack of certainty regarding the kidnapping and murder of Hillary Gardee, will further dampen the confidence of victims of gender-based violence in our justice system, which continues to blow hot air while women are crippled by fear in South Africa.”
The EFF added that it will continue to provide support to the Gardee family and will ensure that justice is served for their daughter despite the continued failures and shortcomings of the justice system
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