The four men accused of killing former EFF secretary-general Godrich Gardee’s daughter are expected to stand trial on Wednesday after the Mpumalanga high court dismissed an application by three of the suspects to postpone it.
Sipho Mkhatshwa, Philemon Lukhele and Albert Gama made the application before judge president Francis Legodi to make a representation to the state to have charges of kidnapping and killing Hillary Gardee withdrawn.
However, their co-accused Hlabirwa Rassie Nkuna told the court through his lawyer that he was ready for trial.
Hillary went missing on April 29 last year while shopping at the Nelspruit plaza with her adopted three-year-old daughter.
Her daughter was later dropped along Umnenke Street in KaMaGugu township the same night. Timber plantation workers found Hillary’s lifeless body about 60km outside Mbombela towards Sabie.
Legodi said his duty was to ensure that all parties are ready to start with trial and dismissed the application.
The trio had, through their lawyer, indicated that they wanted to show the state that they didn’t contact Hillary and were not anywhere close to where the death took place.
“The applications by the three accused for a postponement for representation is denied because all the parties told this court that they are ready for trial. There will be no prejudice if the application is denied and the reasons for the application can be argued during a trial court,” said Legodi, postponing the matter to Wednesday.
Legodi also made an order that their lawyer, Adv Lesego Kwakwa, be available for trial on Wednesday and must tell the court through an affidavit why he missed two judicial case management sessions.
newsdesk@sowetan.co.za
Court dismisses application to postpone Hillary Gardee murder trial
Freelance journalist
Image: Mandla Khoza
The four men accused of killing former EFF secretary-general Godrich Gardee’s daughter are expected to stand trial on Wednesday after the Mpumalanga high court dismissed an application by three of the suspects to postpone it.
Sipho Mkhatshwa, Philemon Lukhele and Albert Gama made the application before judge president Francis Legodi to make a representation to the state to have charges of kidnapping and killing Hillary Gardee withdrawn.
However, their co-accused Hlabirwa Rassie Nkuna told the court through his lawyer that he was ready for trial.
Hillary went missing on April 29 last year while shopping at the Nelspruit plaza with her adopted three-year-old daughter.
Her daughter was later dropped along Umnenke Street in KaMaGugu township the same night. Timber plantation workers found Hillary’s lifeless body about 60km outside Mbombela towards Sabie.
Legodi said his duty was to ensure that all parties are ready to start with trial and dismissed the application.
The trio had, through their lawyer, indicated that they wanted to show the state that they didn’t contact Hillary and were not anywhere close to where the death took place.
“The applications by the three accused for a postponement for representation is denied because all the parties told this court that they are ready for trial. There will be no prejudice if the application is denied and the reasons for the application can be argued during a trial court,” said Legodi, postponing the matter to Wednesday.
Legodi also made an order that their lawyer, Adv Lesego Kwakwa, be available for trial on Wednesday and must tell the court through an affidavit why he missed two judicial case management sessions.
newsdesk@sowetan.co.za
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