NPA Provisionally Withdraws Case Against 4 Men Accused of Hillary Gardee's Murder, Witnesses Refuse to Testify

NPA Provisionally Withdraws Case Against 4 Men Accused of Hillary Gardee's Murder, Witnesses Refuse to Testify

  • The National Prosecuting Authority unexpectedly withdrew the charges against the four men accused of murdering Hillary Gardee
  • The Economic Freedom Fighters expressed outrage at the decision, saying the state is not prepared to deal with gender-based violence
  • South Africans are also upset at the outcome of the Gardee case because justice has not been served

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NELSPRUIT - Justice is yet to be served for the late Hillary Gardee, who was kidnapped and murdered last April. Gardee was the daughter of former EFF secretary-general Godrich Gardee.

The NPA has provisionally withdrawn charges against Hillary Gardee's murderers
The NPA provisionally withdrew charges against the four men accused of murdering Hillary Gardee. Images: @HillaryGardee
Source: Twitter

The four accused, Sipho Mkhatshwa, Philemon Lukhele, Albert Gama and Hlabirwa Rassie Nkuna, were given permission to go home after the state provisionally withdrew the charges against them on Wednesday, 12 April.

NPA withdraws charges because witnesses refuse to testify

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According to SowetanLIVE, the National Prosecuting Authority told Judge Takalani Ratshibvumo that they have decided to withdraw the charges against the accused provisionally because three key state witnesses are unwilling to testify.

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This new revelation outraged the judge because the NPA said it was ready to begin the trial a day earlier. State prosecutor Adv Thobeka Phungula explained that they learnt about the witnesses' refusal to testify on Wednesday morning.

Ratshibvumo explained to the accused that they are not entirely off the hook and could be called back to stand trial at any time.

EFF disturbed by NPA's decision to withdraw charges in Hillary Gardee murder case

The EFF did not take the NPA's decision to let the four men accused of murdering Gardee walk free lightly. The party issued a statement shortly after the court adjourned and expressed contempt.

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The Red Berets stated that the NPA's decision displayed the incompetencies of the state and the ill-preparedness to prosecute cases of gender-based violence.

The EFF also stated that the sudden refusal of witnesses to testify could mean they were intimidated, which is a common trend for whistleblowers in South Africa.

The party condemned the NPA and the police for how they handled Gardee's murder investigation.

"The incapacity of these institutions to utilise technology and forensic evidence as the basis of their investigation has to confusion and immeasurable pain and suffering to the Gardee family," read the statement.

South Africans disheartened by outcome of Hillary Gardee murder trial

@Sli_Simelane said:

"Lemme guess… investigations not complete or witnesses not subpoenaed? Anyway, welcome to Mzansi."

@LaPolymath said:

"The justice system fails us daily. It Is very unfortunate."

@RusselBason said:

"Not surprised And this is for a highly politicised case as well. My dad’s murderer was let out on bail with a signed confession… that was in 2016, and he’s never been found since. There is no justice in South Africa."

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@Malakoaneelvis said:

"This is a very sad thing to happen to the family, this provisional withdrawal smells of behind-the-scenes pulling of strings, @NPA_Prosecutes will be the hill on which this society will perish."

Some South Africans say the men accused of Gardee's murder should sue the state

@Aylah_ZA said:

"Those people must sue this collapsing government and run it to the ground once."

@brandonmcc1976 said:

"Didn't Cele say they dragged one guy out of a wedding? Wrongful arrest lawsuits loading?"

Hillary Gardee's torn ID found 6 months after her murder, father says location reveals more about her killer

Briefly News previously reported that Hillary Gardee's identity document was found torn and dumped on Thursday, 3 November, 100km from the area her body was found exactly six months ago.

Her father, Godrich Gardee, former secretary general of the EFF, claims the location where the ID book was found represents a significant development in the case.

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Gardee took to social media to reveal how the ID was discovered, stating that he was alerted by a good citizen that Hillary's ID was lying in the grass at Portia Shabangu Secondary School.

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Source: Briefly News

Authors:
Lebogang Mashego avatar

Lebogang Mashego (Current Affairs HOD) Lebogang Mashego runs the Current Affairs desk. She joined the Briefly News team in 2021. She has 6 years of experience in the journalism field. Her journalism career started while studying at Rhodes University, where she worked for the Oppidan Press for 3 years. She worked as a lifestyle writer and editor at W24 and Opera News. She graduated with a BA degree majoring in Journalism and Media Studies in 2017. She's a recipient of the INMA Elevate Scholarship. Email: lebogang.mashego@briefly.co.za