The results of a rape kit, cellphone records, blood swabs and ballistic testing of the alleged murder weapon in the Hillary Gardee murder trial are all outstanding, but police believe once these are released they will link the three accused to her murder.
This was the evidence put to the Mbombela (Nelspruit) magistrate’s court on Tuesday as one of the accused, Sipho Mkhatshwa, applied for bail.
While cross-examining the state lawyer in the case, Mkhatshwa’s lawyer, advocate Sakhile Nkosi, tore into the state’s case, alleging it had no solid, expert evidence that linked his client to the crime.
Col Thamsanqa Mkhaliphi’s testimony as the investigating officer came after submissions by the state prosecutor that the state had concluded its investigation and was drafting the indictment.
Mkhaliphi told the court they were waiting for cellphone analysis reports and DNA results which they hoped would tie the three suspects to the crime.
He was responding after Nkosi asked what expert evidence the police had to link his client to the crime.
Nkosi specifically asked the investigating officer why his client was charged for rape.
“I can’t confirm if rape happened. We are still waiting for the results,” Mkhaliphi said.
State prosecutor advocate Ntsika Mpolweni said swabs were taken from the deceased, and swabs are only taken when there is suspicion a person had been raped.
Nkosi maintained the state had no case against his client as it had no conclusive evidence.
“The state has no information on when the murder happened. The information you rely on, the strong case the state says it has, are two witnesses and the confession from the applicant (Mkhatshwa).”
Nkosi told the court he found it strange that the prosecutor had previously told Mkhatshwa that when the investigating officer took the stand, he would prove Mkhatshwa was in the vicinity of Mbombela at the time Gardee was kidnapped.
“How will you prove this if you don't have cellphone records?”
Mkhaliphi said he was under the impression he would have the records but that was not the case. He cited backlogs at forensics and said he hoped to have the cellphone analysis records and DNA results in two months.
Mkhatshwa followed proceedings attentively from the dock and took notes while arguments were made.
Mkhaliphi said police received a tip-off from an informant a day before Mkhatshwa’s arrest.
“The informant gave us details of the witnesses. We followed up, interviewed the witnesses, did our own investigations too and later arrested the suspect,” Mkhaliphi said.
He claimed Mkhatshwa made a confession and pointed police to the crime scene.
“The explanation provided by Mkhatshwa proves he killed Hillary Gardee,” he said.
Mkhaliphi said when they went to the guest house where Mkhatshwa told them the murder took place, they found blood stains in a bedroom. There were also blood stains on sneakers he said police believe belong to another accused, Philemon Lukhele.
Mkhaliphi told the court no money was stolen from the deceased and none of the accused made transactions with her bank card. He said Gardee’s handbag, laptop and cellphone have not been found.
On finding the weapon believed to have been used to kill Gardee, Mkhaliphi said they recently found a gun.
He, however, asked the court to allow him not to divulge information about the gun as it is under investigation.
Gardee, daughter of the EFF’s former secretary-general Godrich 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 40km outside Mbombela on May 2. She had been shot.
TimesLIVE
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