Johannesburg – There were shouts of jubilation and clapping of hands at the Protea Magistrate’s Court on Monday when three police officers at the centre of the murder of Eldorado Park teenager Nathaniel Julies were denied bail.
Magistrate David Mhango said Simon Ndyalvane, 46, constable Caylene Whiteboy, 23, and sergeant Foster Netshiongolo failed to forward exceptional circumstances as to why they needed to be released on bail
Ndyalvane and Whiteboy face charges of murder, discharging of a firearm in a public place, being in possession of prohibited ammunition and defeating the ends of justice.
Netshiongolo has been charged with defeating the ends of justice and being in possession of prohibited ammunition.
Last week, Whiteboy admitted in her affidavit read out by her lawyer, Jeff Maluleke, she was the one who fired the fatal shot.
She, however, alleged Ndyalvane, who is her senior officer, instructed her to pull the trigger.
Whiteboy claims when she fired the gun, she did know it was loaded with live ammunition.
In giving his verdict, Mhango said Nathaniel died because he had been shot by Whiteboy and the teenager was not armed at the time.
“One can’t suspect that it was case of mistaken identity, this was a deliberate act to shoot the deceased,” he said.
Mhango also said Netshiongolo had been booked off sick on the day in questions. However, he took orders from Ndyalvane to go and plant ammunition at the scene of the crime and cover Nathaniel’s blood with soil.
“He was aware he was tampering with scene of crime
“He was not supposed to engage himself with any work activities on that day as he was sick,” he said.
Mhango said there was a likelihood the three would interfere with State witnesses should they be released on bail. Another reason he was denying them bail, he said, was because the community was also demanding justice.
Speaking outside court following the verdict, Nathaniel’s mother Bridget Harris said she was happy the magistrate considered the community and denied the three accused bail.
“I am confident about this case because my child was brutally murdered and he must get justice
“It is difficult for me every day because I miss him too much,” she said.
The matter return to court on November 6.