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Home South Africa

Judgment in bail application of one of three men accused of killing Gardee expected

3 August 2022, 10:20 AM  |
Eric Lubisi Eric Lubisi |  @SABCNews
Three suspects in the Hillary Gardee murder case, appearing before the Nelspruit Magistrate's Court.

Three suspects in the Hillary Gardee murder case, appearing before the Nelspruit Magistrate's Court.

Image: Tumelo Machogo

Three suspects in the Hillary Gardee murder case, appearing before the Nelspruit Magistrate's Court.

The Nelspruit Magistrate’s Court in Mpumalanga is expected to deliver judgment on the bail application of one of the three men accused of killing Hillary Gardee.

Hillary is the daughter of the former Secretary-General of the Economic Freedom Fighters (EFF), Godrich Gardee.

Sipho Mkhatshwa is facing charges of kidnapping, murder, rape, defeating the ends of justice, and conspiracy to commit murder.

He is charged along with Philemon Lukhele and Mduduzi Gama. Lukhele and Gama have separately applied to be released on bail.

The accused were arrested after Gardee’s body was found in a timber plantation a few kilometres outside Mbombela in May.

During cross-examination, Sipho Mkhatshwa told the court that he was never in Mbombela when the alleged crime happened.

His lawyer, Sakhile Nkosi urged the court to release his client on bail, saying police were put under pressure to make an arrest because Gardee was a daughter of a politician.

Nkosi further claimed that there is not enough evidence that links the suspect to the case.

Meanwhile, the prosecution had said that it will bring evidence to prove that Mkhasthwa was indeed in Mbombela when the crime happened.

The bail application of the other two accused Philemon Lukhele and Mduduzi Gama will continue on Monday.

VIDEO: Bail for one of three men accused of murdering Hillary Gardee:

Intent to subpoena

Last month, the court heard that the defence in the Hillary Gardee murder case intends to subpoena her father, Godrich Gardee.

This was revealed by the legal representative of Philemon Lukhele and Albert Gama during their bail application.

EFF Chairperson Collen Sedibe has accused the defense of being insensitive.

Sedibe says, ” That’s an insult to the father of the deceased. How can you do that ?…. and subpoena you must know that it is not an easy thing. You must submit to the magistrate and the magistrate must approve. The person you are subpoenaing must also agree or accept. But that is an insult and that lawyer is not sensitive. That is why he is raising things that are not necessary for the court like threats. We are also threatened and we know where to report the threats.”

King Mswati II accused

Meanwhile, Godrich Gardee has accused King Mswati III of Eswatini of orchestrating the kidnap, rape, and brutal murder of his daughter.

Gardee believes King Mswati was angered by the protests held by the party held back in April which saw four borders with Eswatini being shut down for more than six hours.

Gardee alleges the King of eSwatini allegedly unleashed his foreign intelligence services with a robbery decoy resulting in the death of his daughter, Hillary.

On 12 April 2022…four borders were closed and each for more than 6 hours. There was no income for @EswatiniGovern1 #KingMswatiKilledHillary The King was angry & he unleashed his foreign intelligence service with a robbery decoy & killed #HillaryGarder pic.twitter.com/Og0cqONR12

— Godrich Gardee (@GardeeGodrich) August 2, 2022

Eswatini Government Spokesperson Alpheous Nxumalo refused to comment on the allegations, “We will not dignify these allegations with a response. These claims have no truth in them.”

Full interview with Nxumalo below:

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