Cape Town – The EFF has described as “disturbing” the decision by the National Prosecuting Authority (NPA) to provisionally withdraw charges against the four accused in the Hillary Gardee kidding and murder case.
The Mpumalanga Division of the High Court in Mbombela on Wednesday provisionally withdrew the case against Hlabirwa Rassie Nkuna, Sipho Mkhatshwa, Philemon Lukhele and Albert Gama.
The matter was provisionally withdrawn after the State Prosecutor told the court that a witness couldn’t be found.
The EFF said the development was “shocking”.
“In yet another shocking display of the lack of coherence and seriousness within the justice system when it relates to gender-based violence, the charges against the accused have been provisionally withdrawn because the NPA cannot find the witnesses to testify at the trial.
EFF Statement On The Provisional Withdrawal Of Charges Against The Four Accused In The Murder Of Hillary Gardee pic.twitter.com/CJ30qTiBRZ
— Economic Freedom Fighters (@EFFSouthAfrica) April 12, 2023
“This is not only sheer incompetence, as the realisation that the witnesses are suddenly not forthcoming occurs on the day of the trial, but is also a demoralising reflection of the unpreparedness of the state to prosecute perpetrators of gender-based violence.
“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,” said the EFF.
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Day 2: The four accused of the kidnapping and murder of #HillaryGardee have arrived at Mpumalanga Division of the High Court, Mbombela for trial
We will not stop until justice is served for the most vulnerable of people in our society, being women and children. pic.twitter.com/PwJAfR5bAS
— Economic Freedom Fighters (@EFFSouthAfrica) April 12, 2023
Gardee’s body was found outside Mbombela in May last year.
The 28-year-old was shot execution-style. A bullet was found lodged at the back of her head.
Gardee was the daughter of EFF secretary-general and attorney Godrich Gardee.
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Picture: Twitter/@ntwaagae
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Compiled by Betha Madhomu
State temporarily withdraws charges against 4 men accused of killing Hillary Gardee
Cape Town – The state has temporarily withdrawn charges against the four men arrested for allegedly killing Hillary Gardee, the daughter of former EFF secretary general Godrich Gardee.
Hlabirwa Rassie Nkuna, Sipho Mkhatshwa, Philemon Lukhele and Albert Gama appeared in the Mpumalanga High Court on Wednesday.
According to EWN, the suspects were released from custody after a hearing.
This means the four men are free – for now, the report said.
Mpumalanga High Court judge Takalani Ratshibvumo withdrew the charges after the state revealed it was unable to trace three witnesses, Times Live reported.
ALSO READ | Witness saw two accused ‘loading Hillary Gardee into a car’, court hears
“This is shocking. When you dealt with case management, the witnesses were available,” the report quoted Ratshibvumo as saying.
Hillary went missing on April 29 after a shopping trip to a Spar near her home in Mbombela.
She was found dead in a field outside Mbombela on May 3 with a gun wound on her head.
Suspects Mkhatshwa, Lukhele and Gama were arrested and charged with murder, rape, conspiracy to commit murder, kidnapping and possession of illegal firearms.
In a post on Twitter, Godrich slammed the latest developments.
“A good tree cannot produce bad fruit, nor can a bad tree produce good fruit. Every tree that does not bear good fruit is cut down & thrown into the fire. So then, you will know them by their fruits. #RIPHillaryGardee We have a failed state that must be removed from power…!,” he tweeted.
“A good tree cannot produce bad fruit, nor can a bad tree produce good fruit. Every tree that does not bear good fruit is cut down & thrown into the fire. So then, you will know them by their fruits” #RIPHillaryGardee We have a failed state that must be removed from power….! pic.twitter.com/HIGuHRSB2N
— Godrich Gardee (@GardeeGodrich) April 12, 2023
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Picture: Twitter/@GardeeGodrich
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Compiled by Betha Madhomu