“This is not only sheer incompetence, as the realisation that witnesses are suddenly not forthcoming occurs on the day of the trial, but also a demoralising reflection of the unpreparedness of the state to prosecute perpetrators of gender-based violence.
“The sudden disappearance of witnesses should be a cause for concern, as it raises the suspicion that they have either been intimidated or been dealt with in a clandestine manner, which is all too frequent when it comes to whistle-blowers in SA,” said EFF spokesperson Sinawo Tambo.
Despite the withdrawal of the charges on the basis of the inexplicable disappearance of witnesses, this was not a confirmation of innocence, he added.
Often perpetrators of gender-based violence in South Africa are declared innocent on the basis of technicalities, which mostly arise from intimidation or delays which discourage victims or witnesses, Tambo said.
“The lack of decisiveness and speed by our courts to address these matters casts a shadow of doubt within witnesses and victims, which enables an environment where perpetrators who thrive on fear and doubt can escape justice.”
Tambo pledged the party's continued support for the Gardee family, saying it will ensure justice is served for Hillary despite the continued failures and shortcomings of the justice system.
Gardee went missing on April 29 last year while shopping at the Nelspruit Plaza with her adopted three-year-old daughter. The child was dropped off in Kamagugu township that night. Timber plantation workers found Hillary’s lifeless body about 60km outside Mbombela, on the way to Sabie. She had been shot dead.
The accused were Philemon Lukhele, who owned three guest houses that were used as accommodation for University of Mpumalanga students; a security guard at one of the premises, Albert Mduduzi Gama; Sipho Mkhatshwa, a Roman Catholic Church elder in Mpumalanga who served as a member of two school governing bodies; and Rassie Nkune, who is facing murder charges in a separate trial.
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EFF slams NPA, SAPS after charges withdrawn against men implicated in Hillary Gardee's murder
Image: Mandla Khoza
The EFF has bemoaned a court decision to withdraw charges against the four men implicated in the kidnapping and murder of Hillary Gardee, daughter of its former secretary-general Godrich Gardee.
Hillary was found murdered on May 2 2022 near Mbombela, days after being reported missing.
According to SowetanLIVE, charges against the accused were provisionally withdrawn in the Mpumalanga high court on Wednesday after the state revealed three key witnesses refused to testify, while some could not be found.
Commenting on developments, the EFF said numerous delays and lack of certainty regarding Hillary's case would dampen gender-based violence victims' confidence in the justice system.
The party said it was disturbed by the National Prosecuting Authority's (NPA) decision, condemning it and the police for handling the case “irresponsibly”.
“The incapacity of these institutions to utilise technology and forensic evidence as the basis of their investigation has led to confusion and immeasurable pain and suffering to the Gardee family and all those with a keen interest in the matter.
State withdraws charges against Hillary Gardee's alleged killers
“This is not only sheer incompetence, as the realisation that witnesses are suddenly not forthcoming occurs on the day of the trial, but also a demoralising reflection of the unpreparedness of the state to prosecute perpetrators of gender-based violence.
“The sudden disappearance of witnesses should be a cause for concern, as it raises the suspicion that they have either been intimidated or been dealt with in a clandestine manner, which is all too frequent when it comes to whistle-blowers in SA,” said EFF spokesperson Sinawo Tambo.
Despite the withdrawal of the charges on the basis of the inexplicable disappearance of witnesses, this was not a confirmation of innocence, he added.
Often perpetrators of gender-based violence in South Africa are declared innocent on the basis of technicalities, which mostly arise from intimidation or delays which discourage victims or witnesses, Tambo said.
“The lack of decisiveness and speed by our courts to address these matters casts a shadow of doubt within witnesses and victims, which enables an environment where perpetrators who thrive on fear and doubt can escape justice.”
Tambo pledged the party's continued support for the Gardee family, saying it will ensure justice is served for Hillary despite the continued failures and shortcomings of the justice system.
Gardee went missing on April 29 last year while shopping at the Nelspruit Plaza with her adopted three-year-old daughter. The child was dropped off in Kamagugu township that night. Timber plantation workers found Hillary’s lifeless body about 60km outside Mbombela, on the way to Sabie. She had been shot dead.
The accused were Philemon Lukhele, who owned three guest houses that were used as accommodation for University of Mpumalanga students; a security guard at one of the premises, Albert Mduduzi Gama; Sipho Mkhatshwa, a Roman Catholic Church elder in Mpumalanga who served as a member of two school governing bodies; and Rassie Nkune, who is facing murder charges in a separate trial.
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