The father of rape and murder victim Hillary Gardee has expressed disappointment in how the state handled the case against four men accused of killing his daughter a year ago.
Former EFF secretary general Godrich Gardee, and his political party, have been warning ever since the crime was committed that the police would bungle the case.
Gardee went as far as petitioning the Pretoria High Court to order the police to follow up on information he believed could lead to the arrests of other conspirators in the murder. His application was granted, and police were instructed to give him regular updates on the case, but this did not stop the case from growing complicated.
The “shoddy” work of the police stretched as far back as April 29 last year when Hillary went missing, causing a widespread manhunt for her abductors.
Family members and police officers confirmed that Hillary, who was carrying a shopping bag and a laptop bag, had been abducted after her adopted three-year-old daughter told them that she saw her mother fighting.
This resulted in Police Minister Bheki Cele and a delegation of high-profile investigators descending on Gardee’s home in Mpumalanga’s capital city, Mbombela, and making promises to swiftly trace and arrest the suspects.
On May 3 last year, Hillary’s body was discovered at a plantation, 35 minutes away from her home.
Accused number one, Sipho Mkhatshwa, 39, who worked as an integrated development plan facilitator in the City of Ekurhuleni’s strategy and corporate planning department, was arrested on May 6 last year after allegedly consulting a sangoma to cleanse him from a spiritual dark cloud linked to killing a person.
The sangoma reportedly blew the whistle, which led to Mkhatshwa’s arrest, and later that of ANC big shot, Philemon Lukhele, 47, and Albert Gama, 52.
A fourth suspect, Hlabirwa Nkuna, 36, was later arrested, with police telling the media he had confessed to committing the crime alone.
After a year of legal wrangling in the case, the matter was set for trial this week. Only Lukhele was granted R20 000 bail, while his co-accused remained in custody.
However, dramatic events unfolded a day before the trial was scheduled to start.
On Tuesday, Mpumalanga Division of the High Court Judge President Francis Legodi, who presided over the case management, refused applications from the four accused that the trial be postponed.
He said as far as he was concerned, the state and its witnesses were ready for trial.
Lawyers representing the accused said they needed to make presentations to the National Prosecuting Authority (NPA) because they believed there was no evidence linking their clients to the crime.
To the accused’s surprise, on Wednesday it appeared that the state was not ready.
Not only was it not ready, but it also could not locate key witnesses that were expected to link the suspects to Hillary’s murder.
“I’m finding it strange that when we had scheduled to proceed with this trial, and we set aside four weeks to deal with this matter, all of a sudden it is said witnesses cannot be found.
“And I’m finding it strange that by yesterday when this matter was case-managed, the understanding was that witnesses are available. The state withdraws the charges against you. You may go,” said Judge Takalani Ratshibvumo.
Ratshibvumo said the charges could be reinstated as soon as the witnesses were located.
Mpumalanga police spokesperson Brigadier Selvy Mohlala confirmed that Nkuna would remain in custody pending two other murders involving his girlfriend, a police officer and her sister.
“We have a failed state that must be removed from power,” commented Gardee.
EFF spokesperson Sinawo Thambo said the party was disturbed by the NPA’s decision to provisionally withdraw charges against the four accused.
“In yet another shocking display of the lack of coherence and seriousness within the justice system when it relates to gender-based violence, the charges against the accused have been provisionally withdrawn because the NPA cannot find the witnesses to testify at the trial.
“This is not only sheer incompetence, as the realisation that witnesses are suddenly not forthcoming occurs on the day of the trial, but is also a demoralising reflection of the unpreparedness of the state to prosecute perpetrators of gender-based violence,” Thambo said.
“The sudden disappearance of witnesses should be a cause for concern, as it raises the suspicion that they have either been intimidated or have been dealt with in a clandestine manner.”
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