Charges against four men accused of killing Hillary Gardee have been provisionally withdrawn after the state revealed that key witnesses are refusing to testify while some could not be found.
State prosecutor Adv Thobeka Phungula submitted in the Mpumalanga high court on Wednesday that the state was not able to proceed with the case as three key witnesses were refusing to take the stand.
This came after the start of the trial was delayed earlier on Wednesday morning.
“The state would like to apply that charges against the accused be provisionally withdrawn. Three key state witnesses in the case are refusing to testify. The state has been in contact with the director of public prosecutions and a decision was taken that the charges against the accused be withdrawn,” said Phungula.
The accused are Sipho Mkhatshwa, Philemon Lukhele, Albert Gama and Hlabirwa Rassie Nkuna.
Judge Takalani Ratshibvumo expressed outrage: “This is a joke, when did you know that the witnesses were refusing to testify because yesterday [Tuesday] during the judicial case management, you said you were ready for trial.”
Phungula responded: “We learnt this morning.”
Ratshibvumo told the accused: “The state has withdrawn charges against you. The withdrawal doesn't mean that you have been acquitted but if they [state] find the witnesses, they might call you back [for trial].”
The accused celebrated wildly, hugged one another and their families in the public gallery.
Gardee's family walked out of court looking disappointed and angry.
Gardee, the daughter of former EFF secretary-general Godrich Gardee, went missing on April 29 last year while shopping at the Nelspruit plaza with her adopted three-year-old daughter.
Her daughter was later dropped along Umnenke Street at KaMaGugu township the same night. Timber plantation workers found Hillary's body about 60km outside Mbombela towards Sabie.
On Tuesday, Mkhatshwa, Lukhele and Gama made an application to have the trial postponed, saying they wanted to make presentations to the state to have the charges dropped as they believed there was not enough evidence against them.
Their application was dismissed and the matter was postponed to Wednesday for the start of the trial.
It was scheduled to sit until May.
newsdesk@sowetan.co.za
State withdraws charges against Hillary Gardee's alleged killers
Image: Ziphozonke Lushaba
Charges against four men accused of killing Hillary Gardee have been provisionally withdrawn after the state revealed that key witnesses are refusing to testify while some could not be found.
State prosecutor Adv Thobeka Phungula submitted in the Mpumalanga high court on Wednesday that the state was not able to proceed with the case as three key witnesses were refusing to take the stand.
This came after the start of the trial was delayed earlier on Wednesday morning.
“The state would like to apply that charges against the accused be provisionally withdrawn. Three key state witnesses in the case are refusing to testify. The state has been in contact with the director of public prosecutions and a decision was taken that the charges against the accused be withdrawn,” said Phungula.
The accused are Sipho Mkhatshwa, Philemon Lukhele, Albert Gama and Hlabirwa Rassie Nkuna.
Judge Takalani Ratshibvumo expressed outrage: “This is a joke, when did you know that the witnesses were refusing to testify because yesterday [Tuesday] during the judicial case management, you said you were ready for trial.”
Phungula responded: “We learnt this morning.”
Ratshibvumo told the accused: “The state has withdrawn charges against you. The withdrawal doesn't mean that you have been acquitted but if they [state] find the witnesses, they might call you back [for trial].”
The accused celebrated wildly, hugged one another and their families in the public gallery.
Gardee's family walked out of court looking disappointed and angry.
Gardee, the daughter of former EFF secretary-general Godrich Gardee, went missing on April 29 last year while shopping at the Nelspruit plaza with her adopted three-year-old daughter.
Her daughter was later dropped along Umnenke Street at KaMaGugu township the same night. Timber plantation workers found Hillary's body about 60km outside Mbombela towards Sabie.
On Tuesday, Mkhatshwa, Lukhele and Gama made an application to have the trial postponed, saying they wanted to make presentations to the state to have the charges dropped as they believed there was not enough evidence against them.
Their application was dismissed and the matter was postponed to Wednesday for the start of the trial.
It was scheduled to sit until May.
newsdesk@sowetan.co.za
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