Gardee murder accused who is claiming innocence led us to murder scene, says investigating officer

The state has overwhelming evidence against at least one of the men accused of murdering Hillary Gardee, and he should therefore not be granted bail.

This is according to Col Thamsanqa Mkhaliphi, who testified in the Mbombela (Nelspruit) magistrate’s court in the bail application of her alleged killer, Sipho Mkhatshwa. Mkhaliphi is the investigating officer in the matter.

According to Mkhaliphi, Mkhatshwa directly pointed out the place where Gardee was shot and police found blood stains at the house.

Mkhaliphi said the blood stains have been analysed and preliminary results show they are from a female.

The investigating officer said Mkhatshwa was able to tell police exactly where on the body she was shot, and this was confirmed by a post-mortem report.

Pushing for Mkhatshwa to be kept behind bars, Mkhaliphi submitted he is a dangerous person and should not be granted bail. He said he feared for the safety of two state witnesses, who he said were known to Mkhatshwa.

“Should he be granted [bail], their safety is not guaranteed,” Mkhaliphi said.

He told the court they had learnt Mkhatshwa and the other two accused had allegedly conspired to kill a state witness while they were in the court holding cells.

Mkhatshwa has been behind bars since May, when he was arrested on the eve of his traditional wedding. He has indicated he intends to plead not guilty, saying during the time Gardee — daughter of former EFF secretary-general Godrich Gardee — went missing and was subsequently found dead, he had been busy with wedding preparations. 

His fiancée on Monday took to the stand to testify in his defence, saying a crucial SMS tip-off police used to arrest Mkhatshwa and charge him for Gardee’s murder was sent from her ex-mother-in-law’s number. 

The sender of the SMS claimed to be a sangoma and alleged Mkhatshwa had approached him asking for a cleansing for killing Gardee. 

Zandile Magagula told the court she was confident it was her ex-husband who had sent the tip-off to the police, as he had wanted to disrupt their wedding plans. 

The message also contained allegations that Mkhatshwa had wanted to abduct and sell her two children living with albinism to the sangoma, claims Magagula said were false. 

Gardee went missing on April 29 after going shopping with her daughter. The three-year-old girl was dumped a few streets from their home, unharmed. Gardee’s body was found next to a pine plantation about 40km outside Mbombela on May 2. She had been shot.

Mkhatshwa is one of three men arrested for her killing. The other two accused, who have also indicated they intend to plead not guilty, are expected to launch a fresh bail bid on Wednesday. 

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