The Nelspruit Magistrate’s Court in Mbombela has reserved judgment on the bail application of Philemon Lukhele, one of the accused in the Hillary Gardee murder case.
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 kilometres outside Mbombela towards Lydenburg in May last year.
Lukhele applied for bail after the state withdrew the rape charge against him.
The Department of Home Affairs has confirmed that his application to be a permanent resident in the country is at an advanced stage.
Lukhele came to South Africa as a refugee fleeing from the Kingdom of Eswatini due to the political situation in that country. According to the Department, Lukhele has been using a permit to reside in the country which expired in 2001.
The state invited immigration officer, Abednigo Mhlongo to testify in this case. But he was not cross-examined by either the state or the defence and he was immediately released by the court.
Appeal for bail
Lukhele’s defence, Lesego Kwakwa has urged the court to consider granting Lukhele bail because there’s no evidence showing that there could be a public disorder if he will be released on bail.
Kwakwa says the DNA results also did not match with the blood stains found in the vehicle alleged to have been used to carry the body of Hillary Gardee.
Kwakwa claims that the police were also under pressure to make arrests before they could do proper investigations as they received instructions from the minister of police.
He says the latest arrest of the fourth accused clearly links the fourth suspect with the crime as cellphone networks show that Gardee’s cellphone was in the same area as the fourth accused.
There is no evidence linking Lukhele anywhere near where Hillary was found. The case has been postponed to January 13 for judgement.
