When the case against three men accused of kidnapping, murdering and raping Hillary Gardee resumes, the defence team for two of the accused plans to poke holes in the state’s case.
A tracking report for the vehicle the state says was used to transport Gardee's body from the guest house where she was allegedly held captive, possibly raped and murdered, could paint a different picture.
The report, seen by The Sunday Times, does not place the vehicle anywhere near the scene where Gardee's body was found five days after she was reported missing.
And a police source with knowledge of the investigation has raised questions about whether DNA results requested by the state link the suspects to the crime.
“It's just a mess and we are back to square one,” said the source.
This would basically confirm the instructions our clients have given us — that is, they had and have nothing to do with this murder
The attorney for two of the three accused — Albert Mduduzi Gama and Philemon Lukhele — said they wanted the state to be given space to conclude its investigations before the next court date on July 22.
He said it had come to his attention that DNA results may not link his clients to the crime.
“This would basically confirm the instructions our clients have given us — that is, they had and have nothing to do with this murder. If what we hear is so, we will await communication, if any, from the state,” he said.
For now they were focused on the torture their clients allegedly endured at the hands of the police. “Torture is a serious violation of human rights, both in terms of the South African constitution and international law.”
He expressed surprise at the state’s request for a postponement for further investigation this week.
Last week, during the bail application of the third accused, Sipho Mkhatshwa, prosecutor Ntsika Mpolweni said the state had evidence which placed his cellphone near Gardee’s at the time of her disappearance. On Wednesday, Mpolweni told the court the state was still awaiting cellphone analysis reports.
“So which one is it? Do they have cellphone records or not? Last week they had them and then this week they are saying something different,” the attorney said.
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