The Nelspruit Magistrate’s Court in Mbombela has granted bail to Philemon Lukhele, one of the four accused in the murder of Hillary Gardee.
Lukhele has been granted a R 20 000 bail with strict conditions.
Magistrate Samuel Mashimbye told the court that the state failed to prove exceptional circumstances justifying that Lukhele be denied bail. However, Mashimbye said Lukhele is a first time offender, has no pending cases and seem to be a responsible person based on the testimony of some of the witnesses, including the Investigating Officer.
He also says there are no indications, that he will violate his bail conditions. He further pointed out that he was only arrested because of being pointed out by co-accused Sipho Mkhatshwa.
Lukhele, Sipho Mkhatshwa, Mduduzi Gama and Rassie Nkune are facing charges related to the killing of Gardee.
Gardee’s body was found in a timber plantation a few kilometers outside Mbombela in May after she was reported missing for a few days.
However, Lukhele’s defense attorney, Lesego Kwakwa says the state should have withdrawn the charges against his clients after a fourth accused confessed to have committed the crime.
‘‘We will approach the National Director of Public Prosecutions (NDPP) with the application for representation, so that these charges can be formally withdrawn because the National Prosecuting Authority (NPA) Act and the constitution allows us to approach the NDPP with representation and we are of the view that it must happen now,’’ adds Kwakwa.
President of the People’s United Democratic Movement (Pudemo) in Eswatini, Mlungisi Makhanya who was also present in court says the Party will review the membership of Lukhele.
Lukhele’s, Pudemo membership, a refugee from Eswatini was suspended by the Party when arrested.
Makhanya elaborates, ‘‘As the case began to unravel and, as evidence was led, it became apparent clear to us including forensic evidence that the state went on great length to hide from the court that Philemon had nothing to do with the matter. It is not just the judgment, if you listen to the judge when delivering judgment, the Investigating Officer, including state witnesses gave evidence that pointed to the fact Philemon Lukhele is a man of integrity. He is not someone who anyone can associate with the crime.’’
Pudemo suspends Lukhele membership after being linked to the murder of Hillary Gardee 10 May 2022:
The case against the men has been postponed to the High Court from April 11 to May 12.
Lukhele’s bail is accompanied by strict conditions that include surrendering his passports, warned against intimidating witnesses. He was also required to report to the Nelspruit police station every Friday among others.
