Nateniël Julies case: Third accused’s bail application postponed to December

The bail application of the third accused in the killing of 16-year-old Nateniël Julies outside his Eldorado Park home was postponed again due to the unavailability of the magistrate who presided over the matter.

Sergeant Vorster Netshiongolo, 37, made a brief appearance on Thursday, before a different magistrate.

Netshiongolo will now bring his application based on “new facts” before the Protea Magistrate’s Court on 1 December 2020.

During proceedings, State prosecutor Mzwandile Mrwabe said the defence had not provided them with the “new facts”.

But the accused’s lawyer Onke Maseti refused to furnish the State with the bail affidavit in advance.

Magistrate Ndivhuwo Sethusha then advised Maseti to provide the State with the reasons, saying by not giving the State reasons in advance, for it to prepare its case – either to oppose or not to oppose – the defense was “shooting (itself) on the leg because come the 1st of December the State will ask for a remand to go and prepare.”

She also advised Maseti that if he does not give the reasons, the matter will not be brought to finalisation.

“It is wise to provide the State with reasons in advance to enable them to be ready to avoid unnecessary delay,” she said.

Netshiongolo and his co-accused – Sergeant Simon Scorpion Ndyalvane, 46, and Constable Caylene Whiteboy, 23 – were denied bail in September.

At the time, Magistrate David Mhango said releasing the accused could cause more unrest among Eldorado Park residents, who were demanding justice.

“If released on bail, there is [the] likelihood they will interfere with investigations. There is a likelihood they will interfere and intimidate State witnesses. They know who the witnesses are in this matter,” he said.

Mhango also said some witnesses were present in the police vehicle when the deceased was shot and killed.

He added that the State’s case against the accused was “very strong”.

“If convicted, life imprisonment could be imposed against the accused,” he said.

“There is [the] likelihood that Ndyalvane would carry [out] his threats against Whiteboy. Whiteboy will be safe from Ndyalvane if she is kept in prison. [The] community is angry because of the conduct of the accused.”

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