Nelspruit Magistrate’s Court in Mbambela, Mpumalanga allows the defence to appeal Hilary Gardee murder case

The Nelspruit Magistrate’s Court in Mbambela, Mpumalanga, has granted the defence in the Hilary Gardee murder case permission to appeal a previous ruling delaying the delivery of the indictment and reports.

The state requested an adjournment to review the indictment and add a fourth defendant to the case. A fourth suspect was captured more than a week ago, and his court appearance is not scheduled until Wednesday.

The defence asserts that the prosecution is playing games to further prolong the proceedings. The allegations against Sipho Mhatshwa, Philemon Lukhele, and Mduduzi Gama include murder, rape, abduction, and conspiracy to commit murder.

Another delay in the Hilary Gordy murder investigation. The State requested an adjournment in order to revise the indictment and conclude the bail application for Lukhele and Gama.

“What we are sure of is the appearance of the fourth suspect. The suspect will appear on Wednesday, then that means we have to … file an indictment,” says Senior Public Prosecutor, Advocate Ntika Mpalweni.

The defence, however, demanded an indictment or the dismissal of the case. As though, the government is wasting time.

“The accused have been arrested since May 6, they must be prosecuted or dismissed,” says Lukhele and Gama’s lawyer, lawyer Nkabizita Mlila.

The magistrate allowed the adjournment, explaining that the case could not be relocated until the bail application had been processed. Mlilo requested permission to appeal, arguing that the court committed factual and legal errors.

“The court is giving leave to appeal the decision to adjourn the case,” says Magistrate Eddie Hall.

The case has been adjourned for September 9 in order to indict all four suspects and maybe transfer the case to a higher court.

VIDEO: Gordy’s murder case adjourned to September 9