News24.com | Hillary Gardee murder: NPA withdraws charges against four accused as 'witnesses can't be traced'

• The four men accused of murdering Godrich Gardee's daughter were released from custody on Wednesday morning.
• This comes after the State provisionally withdrew charges against them.
• According to the prosecutor, the State was ready to proceed but could not trace the witnesses.

The National Prosecuting Authority has provisionally withdrawn charges against the four men accused of the murder of Hillary Gardee after witnesses could not be traced. 

Speaking in Mpumalanga High Court in Mbombela on Wednesday, prosecutor Thobeka Phungula said the matter had been set for trial, but that they had then encountered challenges with witnesses.

"Key witnesses can't be found. The Director of Public Prosecutions was informed about such.

"So the instruction is to provisionally withdraw the charges against the accused," Phungula said, adding that the witnesses could not be traced.

Judge Takalani Ratshibvumo, who is presiding over the matter, said he was puzzled by the turn of events.

"This is shocking. Yesterday, witnesses were available," he said.

"This morning we are informed that they can't be traced," said Ratshibvumo, adding that he found it strange that the State had made a U-turn.

READ | Search for Bester, Magudumana: Cops kept low profile by entering Tanzania as tourists - source

"I'm finding it strange that when we scheduled to proceed and set aside four weeks [for trial], all of a sudden, witnesses can't be found.

"I find it strange that by yesterday, witnesses were available."

Addressing the accused, Ratshibvumo said: "If the State withdraws charges against you, you may go.

"This provisional withdrawal doesn't mean you have been acquitted. If witnesses are traced, charges may be reinstated."

Albert Mduduzi Gama, Philemon Lukhele, Lawrence Sipho Mkhatshwa and Rassie Hlabirwa Nkune laughed and waved to the gallery as they left the dock.

The men face charges of murder, kidnapping, possession of unlicenced firearms and ammunition, and defeating the ends of justice. 

Nkune is also facing two murder charges in the KaNyamazane Magistrate's Court and another murder charge in the Sundra Magistrate's Court.

Lukhele was out on R20 000 bail while Gama and Mkhatshwa were earlier denied bail in the Nelspruit Magistrate's Court.