"We will request that you recuse yourself from the proceedings. We shall make such an application. But before that, to not prejudice the other three accused whom today's proceedings may affect we will continue with the bail application. But we want to put it on record that whatever transpired we will make such an application," said Mlilo.
When taking the stand Mkhaliphi told the court that a witness for the state informed him that Gama and Lukhele were seen at around 9am on April 30 loading Hillary's body into a maroon Mercedes Benz Vito.
Mlilo called for Mkhaliphi to go through the tracker report of the said vehicle where he asked if the car has traveled outside of Mbombela especially towards Sabie.
"The vehicle was stationed at number 2 Belladonna Street (Lukhele's residence) and its engine was started at 10am and remained stationed for about an hour and then moved. It never took the R37 road or went to Sabie" said Mkhaliphi when asked by the defence.
"Let me put it to you that this evidence has been manipulated and you as the police are doctoring and planting evidence. That's the reason the state didn't ask these questions.
"You rush to judgement with your own reasons and you are stuck with the accused whom you know are innocent. Now you don't know what to do," said Mlilo.
The bail application is continuing in the Nelspruit magistrates court for closing arguments between the state and the defence.
Lawyer in Gardee murder case wants magistrate to recuse himself
Mlilo also accuses investigators of doctoring evidence
Image: Mandla Khoza
The lawyer representing one of the suspects in the Hillary Gardee murder wants the magistrate to excuse himself from the case and also accused the police of tempering with evidence.
"Evidence has been manipulated, you as the police are doctoring and planting evidence," said lawyer Adv Ncobizitha Mlilo to investigating officer Col Thamsanqa Mkhaliphi during cross examination for bail application at Mbombela magistrates court yesterday.
Mlilo's client Albert Gama, was applying for bail.
Gama, Philemon Lukhele, Sipho Mkhatshwa and Hlabirwa Rassie Nkuna are accused of abducting, raping and murdering Garedee.
Gardee went missing on April 29 and her body was on May 3 with a gunshot would about 60km outside Mbombela towards Sabie.
On Tuesday, Mkhaliphi also asked for magistrate Martin Morris to recuse himself from the bail proceedings citing that the magistrate's line of questioning was siding with the state.
Gardee accused asks to be sent to Gauteng prison as he fears for his life
Two accused ‘seen loading’ Hillary Gardee’s body in car
"We will request that you recuse yourself from the proceedings. We shall make such an application. But before that, to not prejudice the other three accused whom today's proceedings may affect we will continue with the bail application. But we want to put it on record that whatever transpired we will make such an application," said Mlilo.
When taking the stand Mkhaliphi told the court that a witness for the state informed him that Gama and Lukhele were seen at around 9am on April 30 loading Hillary's body into a maroon Mercedes Benz Vito.
Mlilo called for Mkhaliphi to go through the tracker report of the said vehicle where he asked if the car has traveled outside of Mbombela especially towards Sabie.
"The vehicle was stationed at number 2 Belladonna Street (Lukhele's residence) and its engine was started at 10am and remained stationed for about an hour and then moved. It never took the R37 road or went to Sabie" said Mkhaliphi when asked by the defence.
"Let me put it to you that this evidence has been manipulated and you as the police are doctoring and planting evidence. That's the reason the state didn't ask these questions.
"You rush to judgement with your own reasons and you are stuck with the accused whom you know are innocent. Now you don't know what to do," said Mlilo.
The bail application is continuing in the Nelspruit magistrates court for closing arguments between the state and the defence.
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