Alleged confession by fourth suspect in Hillary Gardee case may be key to co-accused’s freedom

The lawyer for two men arrested in connection with the kidnapping and murder of Hillary Gardee wants the court to order the state to provide them with a statement allegedly deposed by fourth suspect Hlabirwa Rasie Nkune.

Advocate Nqobizitha Mlilo, representing Philemon Lukhele and Albert Gama, said they were entitled to the statement, which he believes exonerates his clients from the crime. 

“We want the court to make an order that we be granted that statement as it is relevant to how we conduct this. There is no prejudice to the state. We want that statement,” Mlilo said.

Mlilo also questioned the delay in bringing Nkune to court so he can be officially charged.

Mpumalanga police spokesperson Brig Selvy Mohlala previously confirmed Nkune, who they simply referred to as the fourth suspect, will only make his appearance next Tuesday.

He appeared at the Delmas magistrate's court on Monday for the murder of a Midrand woman, and on Tuesday he appeared at the Kanyamazane magistrate's court in connection with the murder of two sisters.

Nkune was arrested last week Thursday during a sting operation in KwaThema in connection with the three other murders in Mpumalanga.

At the time of the arrest, Mpumalanga police commissioner Lt Gen Semakaleng Manamela said during media interviews the suspect had confessed to the kidnapping and murder of Gardee.

In response, prosecutor advocate Ntsika Mpolweni said he was tempted to not respond, as the person in question had not yet been charged. 

“Where will I find the statement? It will be difficult for the state to produce what they are not in possession of,” Mpolweni said.

In a bizarre twist, Mpolweni said the National Prosecuting Authority was not aware of a fourth suspect arrested nor the said statement. He cautioned the defence advocate they would not be entitled to the statement if it did not mention the names of his clients.

“At this point we are just speculating because we don't know the contents of that statement,” Mpolweni said.

He also asked the defence to provide the state with the statement, as he said it sounds like they are in its possession.

In a heated response, Mlilo said Mpolweni needed to conduct himself properly.

“We don't have the statement. We get this from public statements made by the provincial commissioner and the spokesperson. It is in the words of the police who say the suspect confessed,” Mlilo said.

The defence counsel said, with that statement, they should be talking about the withdrawal of charges and not bail application.

Magistrate Martin Morris then ordered that the applicants are entitled to bring in any relevant information to the attention of the court they feel is important for their bail application and would highlight their exceptional circumstances.

Mlilo said if that's the case, they would have to subpoena the provincial police commissioner and the provincial police spokesperson, as the two had spoken extensively in the media about the confession of the fourth suspect.

Mohlala said police would not respond on the matter after they have received a subpoena.

The case has been postponed to September 2 for further bail hearing, where the provincial commissioner and spokesperson are expected to be in court to confirm the existence of the statement.