Hillary Gardee. (Photo: Provided)
The charges against the four men who were arrested in connection with the murder of Hillary Gardee have been provisionally withdrawn.
The charges against Philemon Lukhele, Sipho Mkhatshwa, Mduduzi Gama and Rassie Nkuna were provisionally withdrawn after the state prosecutor told the court that the state’s key witnesses could not be located.
“I find it strange that it was decided to continue with the trial and four weeks were set aside for it and now it is suddenly said that the witnesses cannot be found,” said Judge Takalani Ratshibvumo in the High Court in Nelspruit on Wednesday. Mpumalanga, said.
Hillary is the daughter of Godrich Gardee, former secretary general of the EFF.
The EFF strongly condemned the judge’s decision to temporarily withdraw the case.
“This is just another shocking result of the lack of coherence and seriousness within the legal system when it comes to gender-based violence,” reads a statement issued by the EFF shortly after the court decision.
“This is not only sheer incompetence, but also a demoralizing reflection of the unwillingness of the state to prosecute perpetrators of gender-based violence.”
According to the EFF, the sudden disappearance of the witnesses should be a cause for concern.
“This creates the suspicion that they have either been intimidated or silenced in an illegal manner – something that often happens to whistleblowers in South Africa.
“Despite this, the withdrawal of the charges against the accused on the basis of the unexplained disappearance of witnesses is not a confirmation of innocence,” says the EFF.
Monica Nyuswa, spokesperson for the National Prosecuting Authority (NPA), says the South African Police Service will be involved to track down the witnesses in the case with the hope of bringing the charges again.
The 28-year-old Hillary’s body was found outside Nelspruit on 3 May last year. She was seen days before at the Spar supermarket in this town.
Hillary was shot in the back of the head and R1 300 was withdrawn from her bank account in the hours after she went missing. She was wearing the same clothes as the day of her disappearance.
