Mkhatshwa said he was unaware of the conflict and had no objection to the recusal when asked by Hall.
Allowing the recusal, Hall told Mkhatshwa he could apply for Legal Aid or obtain his own attorney.
Mkhatshwa responded: “I believe I will be able to find another lawyer.”
IT graduate Gardee was kidnapped on April 29. Her body was found on a gravel road alongside a pine plantation on May 3. Three suspects were arrested. They are Philemon Lukhele, 47, Albert Mduduzi Gama, 52, and Mkhatshwa, 39.
The case was postponed until June 9 for Mkhatshwa to obtain another attorney.
Mkhatshwa was remanded back into custody.
Lukhele and Gama are due to appear alongside him on June 9.
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Sipho Mkhatshwa’s lawyers quit in the middle of his bail bid in Gardee trial
Image: Emile Bosch
Lawyers for Hillary Gardee murder accused Sipho Mkhatshwa have been recused from the case after telling Mbombela magistrate Eddie Hall on Friday they could not represent their client because of a conflict of interest.
Mkhatshwa was set on Friday to continue his bail application. The bid to be released from custody was brought on Tuesday last week and postponed to Thursday this week.
When court proceedings started on Friday, Mkhatshwa’s attorney Sebastian Bhila told Hall he needed to recuse himself because of a conflict of interest. He declined to divulge the conflict “as it will prejudice my client and myself”.
Mkhatshwa’s advocate, Sifiso Silindza, also asked to recuse himself.
The recusal came in the midst of cross-examination by prosecutor Ntsika Mpolweni.
'I was at church & preparing for my wedding' when Hillary Gardee was killed, says murder suspect
Mkhatshwa said he was unaware of the conflict and had no objection to the recusal when asked by Hall.
Allowing the recusal, Hall told Mkhatshwa he could apply for Legal Aid or obtain his own attorney.
Mkhatshwa responded: “I believe I will be able to find another lawyer.”
IT graduate Gardee was kidnapped on April 29. Her body was found on a gravel road alongside a pine plantation on May 3. Three suspects were arrested. They are Philemon Lukhele, 47, Albert Mduduzi Gama, 52, and Mkhatshwa, 39.
The case was postponed until June 9 for Mkhatshwa to obtain another attorney.
Mkhatshwa was remanded back into custody.
Lukhele and Gama are due to appear alongside him on June 9.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
MORE:
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Cellphone evidence could link at least one of Hillary Gardee's killers to her
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