Cops on “wild, wild west” shooting spree when Julies was killed – Prosecutor

A group of Eldorado Park community members protest outside the Protea Magistrate's Court in Soweto, 10 September 2020, as police members appear in connection with Nathaniel Julies’s death. Picture: Neil McCartney

The court heard that Ndyalvane failed to disclose to his seniors that the shotgun he had booked out was used to kill a person.

Two of the three police officers accused of killing Nathaniel Julies were “thirsty for blood” when the teenager was shot dead, the Protea Magistrate’s Court heard during their bail application this week.

Prosecutor Mzwandile Mrwabe said Sergeant Simon Scorpion Ndyalvane, 46, and Constable Caylene Whiteboy, 23, went on a “wild, wild west” shooting spree when Julies was killed.

Mrwabe said Ndyalvane booked out a shotgun from the Eldorado Park police station without ammunition.

The two officers and three others headed to Freedom Park near Eldorado Park and found a crowd of people drinking alcohol, Mrwabe added.

“They first opened fire at people who were drinking alcohol in Freedom Park. They then drove away because they had not quenched their thirst for blood. They then shot at this boy. Are these not wild, wild west tendencies? Yes, they are,” said Mrwabe.

Mrwabe added that Julies, who had Down Syndrome, was outside his home, next to a truck, on 26 August, when a police van driven by Ndyalvane arrived.

“When seeing a police van approaching him, he (Julies) greeted the police. Ndyalvane then insulted Julies and chased him away. The boy left and returned. Ndyalvane then instructed Whiteboy to shoot at the boy. Their actions showed hunger for blood,” said Mrwabe.

The court heard that Ndyalvane failed to disclose to his seniors that the shotgun he had booked out was used to kill a person.

Mrwabe pleaded with the court to deny bail to Ndyalvane, Whiteboy and their co-accused, Detective Sergeant Foster Netshiongolo, 37.

“There is no closure for the community in Eldorado Park because the matter has not gone to trial. Witnesses are known to them. For now, Netshiongolo might know one or two witnesses. If Netshiongolo, who was at the scene, saw witnesses, he might have shared their identities with his co-accused. Inside their police van there were three other officers who might have made statements to the police,” said Mrwabe.

Outside the court, Julies’ mother Bridget Harris said she was confident that the wheels of justice were grinding in the right direction.

“I am more confident than before because justice is now taking its course. I have the feeling that the case is going somewhere, and I say we are in [a more] proper situation [than] we were in before,” said Harris.

Regional National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said they were opposing bail because some of the witnesses work with the accused.

“There is [a] likelihood that they will tamper with our case. Their release will undermine public peace. There is a public outcry about their release on bail. The mother has given supportive documents to the State, opposing their release,” said Mjonondwane.

Judgment in the bail application has been reserved until Monday.

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