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Ndileka Cola, spokesperson for the Independent Police Investigation Directorate (Ipid), has confirmed that the third suspect arrested in connection with the murder of 16-year-old Nathaniel Julies will face revised charges.
Voster Netshiongolo, 37, a detective working for the South African Police Services of Eldorado Park (SAPS), had originally been charged with thwarting the ends of justice and being in possession of prohibited ammunition.
A post-fact complicity (murder) charge was added to the charge sheet, and the banned ammunition charge was dropped and replaced by illegal possession of ammunition.
Netshiongolo made his first appearance at Protea Magistrates Court on Thursday, and his case will continue on September 10, 2020.
Magistrate David Mhango told Netshiongolo that he faced charges of murder as an accessory after the fact, illegal possession of ammunition and nullification of the purposes of justice.
Netshiongolo later refuted the charges, claiming that when he approached him at the police station after his arrest, he was told that he only faced charges of thwarting the purposes of justice and possession of prohibited ammunition.
The regional spokesperson for the National Prosecution Authority, Phindi Mjonondwane, said they had the right to amend the charges against an accused person.
“It is important to understand that it is the prerogative of the prosecution to decide which charges to prefer against a defendant. It is also within our right to modify the charge sheet, especially if the defendant has not pleaded guilty.
“We can confirm that Netshiongolo is charged with murder as an accessory to the act, illegal possession of ammunition and nullification of the purposes of justice,” said Mjonondwana.
He said that the murder charge was added as an accomplice after the fact, as the State alleges that after being informed that a crime had been committed, it tried to collaborate in the cover-up of the crime.
The type of ammunition used in the crime is prohibited and its use is no longer allowed in terms of the law.
Mjonondwana previously said that the ammunition used was similar to what police used to kill Andries Tatane in Ficksburg, Free State, on April 13, 2011.
Tatane was among the residents protesting water when police shot him dead. The shooting was captured live on television.
“Defendants three-sided charges that fall under the list 6 crime scopes. As a State, we will oppose all bail requests from the three defendants,” Mjonondwane said.
He was placed in preventive detention to obtain legal representation.
VIDEO: Detective Voster Netshiongolo appeared at Protea Magistrates Court to #NatenielJulies murder case. Julies, 16, was allegedly shot by police in Eldorado Park last week. Three accused officers are in custody. The matter was postponed to September 10. BN pic.twitter.com/6WteEc1xTi
– POWER987News (@ POWER987News) September 3, 2020
The other two police officers arrested for Julies’ murder, Simon Scorpion Ndyalivana and Caylene Whiteboy, will also appear in court with Netshiongolo next Thursday.
Ndyalivana and Whiteboy, both from the Eldorado Crime Prevention Unit, were charged with murder, firing a firearm in public, possessing ammunition and defeating the administration of justice.
Background
Julies, who had Down syndrome, was shot and killed on the night of Wednesday, Aug. 26, sparking a riot on the streets of Eldorado Park.
On Friday, Police Minister Bheki Cele and Community Safety MEC Faith Mazibuko, along with officials from the South African Human Rights Commission, visited the teenager’s family.
Later, they told an irate crowd of locals that “whoever committed the crime will have to face the law, no matter who that person is.”
Julies’ grandfather, James, claimed that his grandson had done nothing wrong and was alone when he was shot point-blank, before being dragged into the police van.
It also alleged that Nathaniel drowned while being dragged into the vehicle.
In addition, he claimed that the police had not helped the grieving family after Nathaniel’s death, as they had struggled to receive a case number.
President Cyril Ramaphosa, who offered his condolences to the angry family and community, said the violent death of any young man was concerning.
Compiled by Molefe Seeletsa. Additional reports News24 Wire
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