Cop accused of Nathaniel Julies murder has previous conviction, court hears

The Protea Magistrate’s Court heard on Thursday that Simon Scorpion Ndyalvane, 46, was once convicted of a criminal offence, but the court was only expected to hear further details about this during his bail application.

The court also heard that another co-accused, Foster Netshiongolo, 37, had made certain admissions during his arrest last week. It was also not revealed what those admissions were.

National Prosecuting Authority regional spokesperson Phindi Mjonondwane said the onus was on the accused to inform the court about their admissions, previous convictions and pending matters during their formal application.

“That information (admissions and convictions) will be divulged during bail application. At this point in time, we can’t divulge much as the State. What forms part of the State case can be presented in court. We are not at liberty to present our case in the media, it will only be presented in court,” she said.

The case against the police officers was later postponed at the request of the accused’s lawyers so they had time to prepare.

Application

“The defence brought an application that makes provision that the accused are entitled to copies of statements made during their arrests.”

Ndyalvane, Nesthiongolo and their colleague Caylene Whiteboy, 23, are accused of killing Julies.

Netshiongolo faces charges of murder as an accessory after the fact, unlawful possession of ammunition and defeating the ends of justice.

Ndyalvane and Whiteboy both face charges of premeditated murder, defeating ends of justice, discharging a firearm in a public space, and possession of prohibited ammunition.

Julies’ parents Bridget Harris and Clint Smith were present in court. An emotional Harris held on to to Smith and the two shook their heads repeatedly in disbelief as the accused stood in the dock.

Community leader Reverend Larry Varrie said outside court that the parents were hurt and wanted to know the truth. Residents were also still angered by the teen’s murder.

“We want full justice. We are hoping that more witnesses come forward to tell the truth,” he said.

Truth

Varrie wished that, by Christmas, the truth would reveal itself and the court would have taken a decision.

He said police brutality was real and they were aware that there were corrupt police officers and prosecutors in the country.

“The family understands the court processes and are demanding justice for their son. It was satisfying for the mother to see the accused for the first time in court. She feels that there is progress,” said Varrie.

Cabinet on Thursday expressed its condolences to the boy’s family.

It said the arrest of the officers showed that no one was above the law.

“Cabinet calls on the community of Eldorado Park to assist the IPID [Independent Police Investigative Directorate] and continue to work within the criminal justice system to ensure that justice prevails,” said Cabinet spokesperson Phumla Williams.

The three officers are expected back in court on 22 September for a formal bail application.

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