Charges against Hillary Gardee murder accused provisionally withdrawn
The Mpumalanga court's decision comes after the state revealed that key witnesses were unable to take the stand.
The Mpumalanga High Court has provisionally withdrawn all the charges against Sipho Mkhatshwa, Philemon Lukhele, Albert Gama and Hlabirwa Rassie Nkuna, accused of the murder of Hillary Gardee.
The 28-year-old was the daughter of Godrich Gardee, the former EFF secretary-general.
All of the men except Lukhele were charged with rape, kidnapping and murder. Lukhele was acquitted of the rape charge in September- he was set to face the other charges.
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 not yet known.
The defence did not object to the ruling to have the charges withdrawn. The court said the charges are provisionally withdrawn, but that the accused have not been acquitted, and the state will have to inform the court when it is ready to resume with the trial again.
Gardee’s body was found in a plantation on the R37 near Sabie, Mpumalanga a few days after she had gone missing on April 29, 2022.
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