Defence granted leave to appeal decision to postpone Hillary Gardee murder case

The Nelspruit Magistrate’s Court in Mbombela, Mpumalanga, has granted the defence in the Hillary Gardee murder case leave to appeal an earlier order to postpone the handing over of the indictment and docket.

The state requested a postponement on the matter to amend the indictment and add the fourth suspect in the case. The fourth suspect was arrested more than a week ago and is only expected to appear in court on Wednesday.

The defence says the state is playing games and delaying the matter further. Sipho Mkhatshwa, Philemon Lukhele and Mduduzi Gama are facing a number of charges including murder, rape, kidnapping and conspiracy to commit murder.

Another delay in the Hillary Gardee murder case. The state requested a postponement to amend the indictment and for the finalisation of the bail application of both Lukhele and Gama.

“What we are sure of is the appearance of the fourth suspect. The suspect will appear on Wednesday, then it means we need to…indictment,” says Senior State Prosecutor, Advocate Ntsika Mpolweni.

But the defence is crying foul and wanted the indictment served or the matter struck off the roll. They claim the state is wasting time.

“The accused have been arrested since on the 6th of May, they must be persecuted or struck the matter off the roll,” says Lukhele and Gama’s lawyer, Adv Nqobizitha Mlilo.

The Magistrate granted a postponement, saying the case couldn’t be transferred until the bail application was complete. Mlilo requested leave for appeal stating that the magistrate was wrong on the facts and the law.

“The court is granting the leave to appeal the decision to postpone the matter,” says Magistrate Eddie Hall.

The case has been postponed to the 9th of September to serve all four accused with the indictment and for a possible transfer of the matter to the high court.

VIDEO: Gardee murder case postponed to 9 September