Independent Police Investigative Directorate (Ipid) spokesperson Ndileka Cola has confirmed that the third suspect arrested in connection with the killing of 16-year-old Nathaniel Julies will face revised charges.
Voster Netshiongolo, 37, a detective who works under the Eldorado Park South African Police Services (SAPS), had originally been charged with defeating the ends of justice and being in possession of prohibited ammunition.
A charge of accessory after the fact (murder) was added to the charge sheet, and the prohibited ammunition charge was dropped and replaced with unlawfully being in possession of ammunition.
Netshiongolo made his first appearance at the the Protea Magistrate’s Court on Thursday, with his case set to continue on 10 September 2020.
Magistrate David Mhango told Netshiongolo he was facing charges of murder as an accessory after the fact, unlawful possession of ammunition and defeating the ends of justice.
Netshiongolo then disputed the charges, claiming that when he was addressed at the police station upon his arrest, he was told that he was only facing charges of defeating the ends of justice and possession of prohibited ammunition.
National Prosecuting Authority regional spokesperson Phindi Mjonondwane said they had a right to amend charges against an accused person.
“It is important to understand that is it the prerogative of the prosecution to decide on which charges to prefer against an accused person. It is also within our right to amend the charge sheet especially if the accused has not pleaded guilty.
“We can confirm that Netshiongolo is charged with one of murder as an accessory after the fact, unlawful possession of ammunition and defeating the ends of justice,” said Mjonondwana.
She said the charge of murder as an accessory after the fact was added, as the State alleges that after he was made aware that an offence had been committed, he then tried to assist in concealment of the offence.
The kind of ammunition used in the offence is prohibited and no longer allowed for use in terms of the law.
Mjonondwana earlier said the ammunition used was similar to that used by the police to kill Andries Tatane in Ficksburg, Free State, on 13 April 2011.
Tatane was among residents who were protesting for water when he was shot and killed by the police. The shooting was captured live on television.
“Accused three faces counts that falls under ambits of schedule 6 offences. As the State we will be opposing all bail applications by the three accused,” Mjonondwane said.
He was remanded in custody to get legal representation.
The other two police officers arrested for Julies’s murder, Simon Scorpion Ndyalivana and Caylene Whiteboy, will also appear in court with Netshiongolo next Thursday.
Ndyalivana and Whiteboy, both from the Eldorado’s crime prevention unit, were each charged with murder, discharging a firearm in public, possession of ammunition and defeating the administration of justice.
Background
Julies, who had Down syndrome, was shot dead on Wednesday night, 26 August, resulting in unrest on the streets of Eldorado Park.
On Friday, Police Minister Bheki Cele and Community Safety MEC Faith Mazibuko, together with officials from the South Africa Human Rights Commission, visited the teen’s family.
Afterwards, they told an irate crowd of locals that “whoever has committed the crime will have to face the law, it doesn’t matter who that person is”.
Julies’ grandfather, James, claimed his grandson had done nothing wrong and was standing alone when he was shot at close range, before being dragged inside the police van.
He also alleged that Nathaniel was choked while being dragged to the vehicle.
He further claimed the police had not been helpful to 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 family and the angered community, said the violent death of any young person was concerning.
Compiled by Molefe Seeletsa. Additional reporting News24 Wire
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