The Nelspruit Magistrate’s Court in Mbombela, Mpumalanga, has granted one of the accused in the murder of Hillary Gardee, permission to re-apply for bail.
Sipho Mkhatshwa is among the four men accused of killing Gardee in May earlier of this year. Mkhatshwa argue that there are inconsistencies in the indictment they received recently.
He states that the indictment excluded the rape charge and changes had been made to the date of the conspiracy to commit murder and the scene at which the alleged crime was committed.
Mkhatshwa presented 13 new facts to be considered for his bail re-application. Magistrate Eddie Hall has considered only the exclusion of the rape charge as ground for granting permission for bail re-application.
The matter has been postponed for 10 November 2023.
The body of the daughter of the former EFF Secretary-General, Godrich Gardee, was found in a timber plantation outside Mbombela, a few months ago, days after she had been reported missing.
Video: One of the accused in the Hilary Gardee denied bail
Sipho Mkhatshwa, who the same court denied bail last month, re-applied, citing new facts in the matter.
His attorney, Lesego Kwaka, claimed that there were inconsistencies between the first charge sheet and an indictment.
He says in the indictment, the rape charge has been removed and there are changes to the date of the conspiracy to murder and the place where the murder was allegedly committed.
Mkhatshwa, Philemon Lukhele, Mduduzi Gama and Rassie Nkune are accused of the murder of Gardee.