Wrongfully accused men break silence as Hillary Gardee murder trial resumes

As the trial of convicted murderer Hlabirwa “Rassie” Nkuna begins in Mbombela High Court in Mpumalanga, the three men who were once charged with killing Hillary Gardee have spoken out, asserting that prosecutors and police knew they were innocent years ago.

In April 2023, a year after keeping the men in custody without bail, the state withdrew charges against the trio.

In a joint statement released on Tuesday, Philemon Lukhele, Sipho Mkhatshwa, and Albert Gama said the state’s decision to charge Nkuna alone was “a long-overdue step toward justice”.

“From the very first day of our court appearance on May 9, 2022, we declared that history will absolve us — the truth shall set us free,” the trio said.

Coerced into confessing

The men were arrested days after Gardee’s body was found outside Mbombela in April 2022, sparking national outrage.

They claim that police assaulted, tortured, and coerced them into confessing crimes they did not commit and implicating senior political figures.

“We were subjected to torture, humiliation, and psychological abuse over an entire weekend. Attempts were made to coerce us into implicating ourselves and comrades such as Floyd Shivambu [former EFF deputy president and leader of the Afrika Mayibuye Movement],” they said.

Gardee is the late daughter of EFF deputy president Godrich Gardee.

The men claim the case was driven by “political pressure and expediency” and that the police fabricated evidence, including a supposed “sangoma tip-off” that was later traced to a domestic dispute.

“By August 11, 2022, when Nkuna was arrested, cellphone data, DNA, car-tracker records, and CCTV footage had already established our innocence,” the statement reads.

“Yet the state persisted with fabrications, even inventing fictitious witnesses.”

Biggy still a free man

The trio also reaffirmed their relationship with Godrich Gardee, describing him as a longtime friend and ally who stood by them in exile.

“We were received by comrade Godrich Gardee when we arrived in South Africa from Swaziland after being forced out by the Mswati dictatorship.

“It pains us deeply that such a tragedy struck his family. We have never stopped sharing in his grief,” they said.

They further questioned why a Nigerian national known as “Biggy”, who was allegedly found in possession of the deceased’s electronic devices, was never arrested.

“It remains one of the greatest mysteries why Biggy, who admitted receiving Hillary’s belongings from Nkuna, was never brought to justice. The public deserves an answer.”

The men also accused the SABC of fuelling public prejudice by replaying footage of their court appearance in 2022.

“Such reckless reporting revives misinformation and deepens the pain of our wrongful ordeal,” they said, urging media houses to “refrain from using outdated imagery that falsely associates us with this tragic case”.

Nkuna serving life sentence

They confirmed they are suing the state for wrongful arrest, detention, and malicious prosecution, a civil case they hope will “set a national precedent against abuse of power by law enforcement and prosecutorial authorities”.

Despite their ordeal, the trio expressed solidarity with the Gardee family, describing Hillary’s killing as a “heinous and senseless crime”.

“Justice must be based on truth and not political expediency. The recharging of Nkuna is not only an affirmation of our innocence but also a reminder that the struggle for justice continues,” they said.

Nkuna, who is already serving a life sentence for unrelated murders, faces multiple counts, including kidnapping, murder, and defeating the ends of justice.

The trial continues in Mbombela.

Justice for slain Hillary Gardee has come to the fore with the murder trial underway at the Mbombela High Court in Mpumalanga

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