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Police officers Simon Scorpion Ndyalvana (left) and Caylene Whiteboy (right).
- Police officers accused of killing Nathaniel Julies allegedly used lethal ammunition that was prohibited by the state.
- Sergeant Simon Scorpion Ndyalvane allegedly reserved an empty shotgun that he allegedly loaded with prohibited ammunition.
- The Protea Magistrates Court was informed that Ndyalvane had a criminal record for assault and a case pending against him while working for the police.
The Protea Magistrates Court in Soweto was informed how a police officer allegedly loaded the lethal and prohibited ammunition that was used to shoot Nathaniel Julies, 16 years old.
Sgt. Simon Scorpion Ndyalvane reportedly loaded the ammunition, declared illegal by the state, into a firearm belonging to the Eldorado Park Police Station.
In a statement prepared by the lead investigator of the Independent Police Investigations Directorate, Johannes Mathoko, the court was told how Ndyalvane reserved a shotgun from his workplace and loaded it with his own ammunition.
Mathoko said that Ndyalvane had previously fired the deadly ammunition at a crowd of people drinking liquor in Freedom Park near Eldorado Park.
He testified that, from Freedom Park, Ndyalvane and co-defendant Constable Caylene Whiteeboy then made their way to Eldorado Park, where Whiteboy allegedly shot Julies point-blank, killing the teenager.
READ | EFF, cops fight out of court when Nathaniel Julies’ suspected killers turn up
“Ndyalvane then loaded the wounded Julies into a police vehicle and drove to the hospital, where he was pronounced dead. At the hospital, Ndyalvane called his colleague, Detective Sergeant Foster Netshiongolo to alter the scene,” Mathoko said.
Netshiongolo had been booked for illness that day, but managed to run to the scene of the crime and allegedly manipulated him.
“Netshiongolo set up a crime scene and laid out ammunition to pretend it was a previous shooting between the police and the gangs,” Mathoko said.
According to the post-mortem report, Julies allegedly sustained puncture wounds to the chest and abdomen that coincided with pellets fired from a pistol.
The cause of his death was allegedly a gunshot wound to the chest and abdomen.
Mathoko said that the ammunition used to kill Julies was prohibited and considered live ammunition, claiming:
“Clearly, Ndyalvane intended to use ammunition he acquired somewhere. He also used prohibited ammunition in a state firearm. Julies posed no threat to them. Netshongolo tried to mislead [the] investigation and that turned out to be of common purpose on the part of the accused. Since he was off duty and off duty, he was not supposed to be near the defendant. “
“Netshiongolo even went to the hospital nurses and told them that he would sign the corpse of the deceased.
Later, at the scene, he informed Julies’ family that he couldn’t help them because he wasn’t on duty, “Mathoko said.
‘He did not represent a danger to anyone’
Mathoko added that his investigation had revealed that Ndyalvane had prior assault convictions as well as a pending case against him.
Mathoko asked the court not to grant Ndyalvane, Witheboy and Netshiongolo bail, fearing that this could enrage residents.
“They (defendants) can face life in prison if convicted. They know the identity of the witnesses and are working in the area. They are police officers and could influence witnesses that their colleagues know.
Community members demonstrate during a peaceful sit-in protest against the murder of 16-year-old Nathaniel Julies in Eldorado Park.
Gallo Images Laird Forbes, Gallo Images
“The family of [the] deceased and residents were disturbed by this incident. They were surprised that Julies, who did not pose a threat to them because he was disabled, could be killed by people designed to protect him, “Mathoko said.
In a statement prepared by Julies’ mother, Bridget Harris, she told the court that that day she went to the police station to find her son, but that the Eldorado Park police did not help her. Harris then went to Chris Hani Baragwanth Hospital, where she found her deceased son.
“My son was very quiet and did not represent a danger to anyone. They should not get bail. Police officers are trained to protect and not to kill. What they did to us will cause more pain and injustice if they are released, and we are afraid of them, “Harris said.
The hearing continues.
