Accused in Hillary Gardee murder warned against delay tactics


Legal Aid Board Manager in Nelspruit, Mavis Moloi, has informed the Mpumalanga High Court that they will not be sourcing a judicare lawyer for convicted murderer Rassie Nkune.

Nkune is on trial for the 2022 murder of Hillary Gardee.

Moloi was summoned to court to explain the process followed to appoint a judicare practitioner for an accused person.

The trial has been postponed to the 18th of November for the accused to consult with a legal aid lawyer who is expected to be available then.

Moloi says Nkune has repeatedly dismissed his legal representatives since the case began.

“Mr Nkune was awarded a legal practitioner, Mr Mothibithibi, who was based at the Delmas court. Then Mr Nkune terminated the said mandate. A second legal practitioner was appointed for him as well, Mr Musa Mabaso. Mr Nkune also terminated the mandate. We made arrangements for Mr Kekana to appear then since the matters where being consolidated. Mr Nkune then terminated. What I can place on record is that the reasons that were advanced, as conflict between them, were not reasonable for our office to can arrange for the judicare practitioner at the expense to come and represent Mr Nkune,” says Moloi.

Meanwhile, Judge Lindiwe Vukeya postponed the trial to the 18th of November.

Judge Vukeya further warned the accused against intentionally delaying the trial, which has been allocated only six weeks.

“Mr Nkune, I want to inform you that of course the state indicated their interest in bringing a section 342A application against you for the court to make a determination as to who is causing the delay in this trial. I want you to know that I am trying all I can to have you represented by a legal representative. But, at the end of the day, that mercy falls off. Especially if the application comes from the state in terms of section 342,” says Judge Vukeya.