Hillary Gardee.
The family of slain Hillary Gardee expressed disappointment after the murder case against four suspects was provisionally withdrawn by the Mpumalanga High Court in Mbombela.
The court yesterday provisionally withdrew all charges, including murder, kidnapping and rape, against Hlabirwa Rassie Nkuna, Sipho Mkhatshwa, Philemon Lukhele and Albert Gama due to the non-availability of State witnesses.
Gardee’s body was found outside Mbombela in May last year.
“The Star” reported that Gardee, 28, was shot execution-style after a bullet was found lodged at the back of her head. Further reports revealed that her body was badly bruised and she had possibly been raped.
Gardee went missing on April 29, when she went shopping in Mbombela. She was with her then 3-year-old child.
According to her uncle, Moses Mbatha, the child was found a street away from their home at 8.30pm that evening.
Speaking on behalf of the family and the party, the EFF’s national chairperson, Veronica Mente, said they were looking for closure.
“As a family and as an organisation, we are looking for closure and I’m sure South Africa too, because the matter of Gardee became a national interest of everyone, but unfortunately what transpired in the court process of today became something else,” said Mente.
NPA Mpumalanga spokesperson Monica Nyuswa said the Office of the Director of Public Prosecutions in Mpumalanga learnt yesterday morning that the key State witnesses in the matter could not be traced and therefore a decision to provisionally withdraw charges against the accused was taken.
“The prosecution will engage SAPS to trace the witnesses in the matter with the hope of reinstating the charges,” said Nyuswa.
The deceased’s father, former secretary-general of the EFF, Godrich Gardee, took to Twitter to slam the latest developments.
“A good tree cannot produce bad fruit, nor can a bad tree produce good fruit. Every tree that does not bear good fruit is cut down & thrown into the fire. So then, you will know them by their fruits” #RIPHillaryGardee We have a failed state that must be removed from power....!”
The EFF said in a statement that it was disturbed by the NPA’s decision.
“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the justice system when it relates to gender-based violence, the charges against the accused have been provisionally withdrawn because the NPA cannot find the witnesses to testify at the trial.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,” said EFF national spokesperson Leigh-Anne Mathys.
She said the party would continue to provide support to the Gardee family and would ensure that justice was served for Hillary Gardee despite the continued failures and shortcomings of the justice system.
Anti-crime activist Yusuf Abramjee concurred with South Africans who said the state was failing the people.
“This again shows that the state don’t know what they are doing. The justice system is failing us!” tweeted Abramjee.
Civilian Marumo Mashigo wrote: “Indeed my honest opinion, South Africa police, justice, home affairs are failing the citizens. We don't have those departments ... things like this won't happen if Indeed they are fully functional without political interference, victims and families are being failed.”
The Star