The bail application of one of the three men accused of killing Hillary Gardee has been postponed by the Nelspruit Magistrate’s Court in Mpumalanga to next week Wednesday.
Sipho Mkhatshwa together with Philemon Lukhele and Mduduzi Gama are facing charges of murder, defeating the ends of justice and conspiracy to commit murder.
They were arrested after Gardee’s body was found in a timber plantation a few kilometres outside Mbombela in April.
Mkhatshwa’s lawyer, Sakhile Nkosi has urged the court to release his client on bail. He says the State has a weak case against Mkhathwa, Philemon Lukhele and Mduduzi Gama.
Nkosi claims that the police have arrested the wrong suspects. He told the court that police were put under pressure to make an arrest because Gardee was a daughter of a politician.
“We know that Mr Gardee is a politician and there was political pressure on the police to the effect that Minister Bheki Cele indicated that they had 72 hours to make the arrest of these people or the perpetrator. Unfortunately, the applicant finds himself in this position. Political pressure and from the minister of police. This has led to the miscarriage of Justice.”
“Then I believe their states went just too deep without properly investigating this matter. Now it’s too late for them to withdraw because they feel they are in it too deep and they must now create stories and make up stories to pin the accused before the court. It is true, a civil claim is looming against them and I think they know these hence they want to keep the applicant in custody,” Nkosi adds.
‘Not enough evidence’
Nkosi further claims that there is not enough evidence that links the suspects to the case. He says, “It’s public knowledge that (Godrich) Gardee made an application in the High Court to move this investigation to the Hawks. They have since in their bid to do that been successful. That could simply mean one thing, the investigation that has been done by this team that has been investigating this case is a disaster or failure. Hence the High Court ruled in favour of the family to say we are moving this investigation to a different team.”
However, State Prosecutor, Nsika Mpolweni is adamant that Mkhatshwa and his co-accused have a case to answer.
“Could you ignore the evidence of the investigating officer saying leading to us confronting this applicant about confessions made to ordinary members of the society, he then wanted to confess that it makes sense though.
“He not only confessed, but he also led police officials to a house that was flooded.
Can this also be a coincidence, and then you come here and try to claim that there is no objective evidence before this court? No, you can’t.”
The judgment of the bail application will be delivered next week Wednesday.
VIDEO: Hillary Gardee murder accused in Nelspruit Magistrate’s court for bail application on Wednesday:
