A South African court has denied three police officers on trial for allegedly killing Eldorado Park teenager Nathaniel Julies bail.
Magistrate David Mhango decision on Monday brought shouts of jubilation and clapping of hands to those at the Protea Magistrate’s Court.
The policemen – 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, the Magistrate said.
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.
Sixteen years old Julies was allegedly shot by a police officer in Eldorado Park. The officer later dumped him at Chris Hani Baragwanath Academic Hospital, where he died. His death sparked protests and a clash between residents and the police.
Speaking of the incident, Julius mother, Bridgette, said the officers acted “like they were killing a dog.”
“I went to identify him and to find him in that condition. It was so devastating. It was like they were killing a dog.
“On his chest, it looked muddy with blood and I was told that he was bubbling blood through his mouth and nose.
“My sweet loving boy is gone. Police should be protecting us and we must trust them but when such things happen it cuts deep.”
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.
The matter return to court on November 6.
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