- A court has ordered the media not to reveal the face of the officer probing Hillary Gardee's murder.
- Colonel Thamsanqa Mkhaliphi applied to the court for his face not to be shown.
- He didn't submit reasons for the application.
A magistrate on Tuesday barred the media from showing the face of the investigating officer in the Hillary Gardee murder case.
Magistrate Martin Morris ruled in favour of Colonel Thamsanqa Mkhaliphi's application.
Mkhaliphi brought the application through prosecutor Thobeka Phungula.
The application didn't sit well with defence lawyer, advocate Nqobizitha Mlilo, who objected.
"The application has been brought without notice. We struggle to find the rationale behind that. Mkhaliphi is a police officer. He must be fair and give evidence in an open court," said Mlilo.
"There is no reason advanced indicating why it would not be necessary for his face to be captured by the media. The faces of my clients have been shown. They are ordinary people... Whatever pressure that may arise should his face be shown, we suggest it doesn't exist."
Delivering his ruling, Morris said when the matter started, there were media applications to broadcast the case.
"The defence and State didn't object to that application. The investigating officer informed the court through the prosecutor that he (Mkhaliphi) didn't want his face shown. The mere fact that he testifies here is an open court.
"If he brings an application, the court must view that application. The court orders that his face mustn't be shown," Morris ruled.
Mlilo said he noted the court's ruling and wanted the reasoning for accepting the application.
"Mkhaliphi advanced no reasons for his application. All he did was provide a request. We need a legal justification for the court's order," Mlilo argued.
Morris replied: "I have made an order. Can we proceed?"
Before the matter resumed, Mlilo launched an application for his clients to be freed of leg irons.
Mlilo claimed that Albert Gama and Philemon Lukhele had been shackled since they started appearing in court, which infringed on their rights.
The application was successful and police removed the shackles.
Gama is continuing with his bail application, which he launched last month.
Last week, Lukhele abandoned his bail application.
Gama, Lukhele, Rassie Hlabirwa Nkune and Sipho Mkhatshwa are accused of kidnapping and killing Hillary.
Hillary was last seen on 29 April. Her body was discovered on 3 May.
The hearing continues.