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Hillary Gardee murder: NPA to hand over indictment after completion of bail bid by one of the accused

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Relatives of the slain Hillary Gardee seated next to her picture in court.
Relatives of the slain Hillary Gardee seated next to her picture in court.
Ntwaagae Seleka
  • The State said it can't serve four men accused of killing Hillary Gardee with the indictment just yet.
  • The State is awaiting the results of a bail application launched by one of the men.
  • Albert Gama will know next week if he is granted bail.

The National Prosecuting Authority in Mpumalanga said it was making progress in the Hillary Gardee murder case.

Regional spokesperson Monica Nyuswa said they were awaiting the finalisation of one of the accused's bail application before serving the four accused with the indictment.

On Friday, Sipho Lawrence Mkhatshwa, 39, Philemon Lukhele, 47, Hlabirwa Rassie Nkune, 36, and Albert Mduduzi Gama, 52, appeared in the Nelspruit Magistrate's Court.

The men face charges of murder, rape, kidnapping, defeating the ends of justice, and possession of unlicenced firearm and ammunition.

Nyuswa said the indictment could not be handed to the accused on Friday because there was an outstanding matter.

Nyuswa said:

We are currently in a bail hearing launched by Gama. We can't issue an indictment while there is a pending matter. We are awaiting the finalisation of Gama's bail. Once finalised, we will be able to hand the indictment to the four accused. There is progress that we are making on this matter.

Gama’s bail application before Magistrate Martin Morris is expected to resume on Tuesday, 13 September.

Investigating officer, Colonel Thamsanqa Mkhaliphi had told Morris that there was a witness who saw Gama and Lukhele loading Gardee in one of Lukhele's vehicles.

Mkhaliphi added that Gama was not a flight risk, didn't resist arrest and cooperated with the police during his arrest.

Morris adjourned the matter to allow Mkhaliphi to verify Gama’s two alternative addresses he gave to the court.

One of the addresses was in KwaZulu-Natal, the other in Mpumalanga.

Mkhatshwa was denied bail while Lukhele and Nkune abandoned their bail application.

Hillary was last seen on 29 April in Nelspruit.

Her body was found in a timber plantation outside Nelspruit on 3 May. Her body had a bullet wound to the head. 

Meanwhile, Gama, Lukhele, Mkhatshwa and Nkune are expected back in court on 16 September. 


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