Lawyer for Hillary Gardee murder accused ‘threatened with death and jail’

27 July 2022 - 16:03
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Sipho Mkhatshwa, Philemon Lukhele and Mduduzi Gama have been charged with killing Hillary Gardee. File photo.
Sipho Mkhatshwa, Philemon Lukhele and Mduduzi Gama have been charged with killing Hillary Gardee. File photo.
Image: Ziphozonke Lushaba

The bail application of two of the three men accused of killing Hillary Gardee started with some startling revelations in the Mbombela (Nelspruit) magistrate’s court on Wednesday. 

The legal representative of Philemon Lukhele and Albert Gama, advocate Nqobizitha Mlilo, told the court he had received threats from some members and leaders of a certain political party.

Mlilo didn’t mention the political party by name. 

“Leaders of a political grouping told me and brother of accused 2 that it will end in tears. They said there will be graves and that they will do anything, [even] kill, for Hillary Gardee. [They said] they are trained to kill and they will kill,” Mlilo told the court.

Gardee is the daughter of former EFF secretary-general Godrich Gardee.

Magistrate Patrick Morris advised Mlilo to open a criminal case with police, but Mlilo maintained he wanted to put on record what he was being subjected to.

Mlilo also addressed the court on the issue of him possibly being implicated in the conspiracy charge that was added against his clients and that of their co-accused, Sipho Mkhatshwa.

On Tuesday, during the bail application of Mkhatshwa, investigating officer in the case Col Thamsanqa Mkhaliphi told the court the three were heard on June 9 during their appearance, allegedly conspiring to kill one of the state witnesses.

“The three were heard in the holding cells conspiring to eliminate a state witness. The attorney of accused 2 [Lukhele] and 3 [Gama] was with them in the cells when they were conspiring,” Mkhaliphi said.

Mlilo told the court he had informed his clients about the developments and offered them an opportunity to find another legal representative, but said his clients opted to retain his services.

“In the event that the state decides to do what it does, I’m available and they should say where and what time,” Mlilo told the court.

Mlilo also told the court state prosecutor advocate Ntsika Mpolweni told him to withdraw from the case as the legal representative of the two due to the perceived conflict of interest Mlilo might find himself in regarding the conspiracy to murder charge that had been added to the charges the accused face.

In response, Mpolweni said the conversation was off the record and he was just giving a colleague advice.

The bail hearing then continued. 

Gardee went missing on April 29 while shopping with her adopted toddler daughter. The child was found a few streets away from their home. Gardee’s body was found next to a pine plantation about 40km outside Mbombela on May 2. She had been shot dead. 

The state has alleged it has strong evidence implicating the three men in the crime. As the trio pursue bail, they have rejected the state’s version, saying it relied mostly on an SMS tip-off from a bogus sangoma. During Mkhatshwa’s separate bail application, the court heard the “sangoma” could be the ex-husband of Mkhatshwa’s fiancée. 

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