By Lehlohonolo Lehana.
The Mpumalanga High Court in Mbombela has provisionally withdrawn charges against the four men charged with the murder of the daughter of former Economic Freedom Fighters (EFF) secretary-general Godrich Gardee.
The trial against the accused – Philemon Lukhele, Sipho Mkhatshwa, Mduduzi Gama, and Rassie Nkuna – was due to begin trial today, April 12.
The charges include rape, kidnapping and murder. However, Lukhele was acquitted of the rape charge in September.
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The defence did not object to the ruling to have the charges withdrawn. The court said the charges are provisionally withdrawn, but that the accused have not been acquitted, and the state will have to inform the court when it is ready to resume with the trial again.
Hillary Gardee’s body was found in a plantation on the R37 a few days after she had gone missing on April 29, 2022.
The 28-year-old was found with stab wounds, boot prints and a gunshot wound.
Judge Takalani Ratshibvumo warned the accused that the withdrawal of the charges did not mean that they were acquitted of the charges of murder, kidnapping, robbery with aggravating circumstances and defeating the ends of justice
Three of the accused men have remained in police custody since their arrest last year, while Lukhele was out on R 20 000 bail with strict conditions.
Speaking to the media after the charges were provisionally withdrawn, Lukhele continued to maintain his innocence over Gardee’s murder and accused the state of malicious prosecution.
“It is not true that the witnesses were not found or were not there; they were never there. It was all lies from the beginning.
“We have always said that history will absolve us and the truth shall set us free. And this shows us that this was a malicious prosecution. The police wrongfully arrested us. That’s what we have been saying from the beginning,” said Lukhele.
Reacting to the withdrawal of the charges against the four men, the EFF accused the NPA of “sheer incompetence”.
In a strongly worded statement, the EFF expressed concern over the “unpreparedness” of the state to prosecute perpetrators of gender-based violence (GBV).
The party said the Gardee case was “yet another shocking display of the lack of coherence and seriousness within the justice system” to properly prosecute GBV cases.