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Rassie Nkune, Albert Gama, Philemon Lukhele and Lawrence Mkhatshwa stand accused of the murder of Hillary Gardee.
PHOTO: Ntwaagae Seleka, News24
- Police have traced one of the three witnesses who failed to arrive at court for the Hillary Gardee murder trial.
- The three witnesses' absence led to the provisional withdrawal of the charges.
- The police have vowed to trace the other two witnesses and keep them in witness protection.
Mpumalanga police found one of three key witnesses in the trial of four men accused of the murder of Hillary Gardee, just hours after their absence from the Mpumalanga High Court in Mbombela prompted a judge to withdraw the charges against the men.
The police have vowed to locate the remaining two witnesses who they believe are in hiding for safety reasons.
Gardee, the daughter of former EFF secretary-general Godrich Gardee, was killed in April last year.
Sipho Lawrence Mkhatshwa, Albert Mduduzi Gama, Philemon Lukhele and Rassie Hlabirwa Nkune are accused of her murder and their trial was set down for four weeks.
The National Prosecuting Authority (NPA) assured the court that it was ready to proceed with the trial.
However, when the case was before court on Wednesday, prosecutor Thobeka Phungula told Judge Takalani Ratshibvumo that the State could not locate the three witnesses.
READ | Hillary Gardee murder: NPA withdraws charges against four accused as 'witnesses can't be traced'
"[T]his morning, we were informed that they can't be traced. I'm finding it strange that when we are scheduled to proceed and set aside four weeks, witnesses can't be found all of a sudden. I find it strange," Ratshibvumo responded.
The charges were provisionally withdrawn.
On Thursday, however, police spokesperson Brigadier Selvy Mohlala said one of the witnesses was found hours after the case was provisionally withdrawn.
Mohlala said:
Unfortunately, one of the key witnesses we traced yesterday was not well. Unfortunately, it was late when we brought him to court on Wednesday. When he arrived, the court had already adjourned.
"We are a bit disappointed. We were expecting witnesses to be there and the trial to begin. We are adamant that we have arrested the correct suspects. We were expecting conviction and assisting the family in getting closure.
The police claim the other two witnesses have gone into hiding for their safety.
READ | Hillary Gardee murder: 'We are not under political pressure to prosecute' - NPA
But, Mohlala added: "We work hand-in-hand with the NPA. This is a work in progress. I can assure the public and the family that after tracing the other two witnesses, we will place them [in] our witness protection programme."
"We will ensure that after the case has been enrolled again, we will bring them to court to testify. We stand by our case. The trial will reveal everything. We are not withdrawing anything that we submitted to our docket.
"The last time we saw our witnesses was on 3 March. We couldn't foresee they would go into hiding. During our consultation, they assured us they would attend court. We are always in contact with the family of the deceased. This was a habitual thing of communicating with the family," Mohlala said.
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