The trial of three police officers who are fingered in the death of Nathaniel Julies will begin in October. Caylene Whiteboy, Simon Scorpion Ndyalivana and Vorster Netshiongolo are facing charges of murder, discharging a firearm in public, possession of ammunition, and defeating the course of justice.
They appeared at the South Gauteng High Court on Friday for pre-trial and the matter was postponed to June 11. The state indicated that investigations are now complete but there were some documents and digital evidence which still needed to be given to the defence.
Accused number two Ndyalivana also got a new legal representative which he met for the first time in court on the day of the pre-trial.
The new representative was under the impression that he came for bail application. According to the state, the application for bail was filed in an urgent motion which was incorrect and had to be resubmitted.
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Ndyalivana’s new legal representative indicated that he had never met his new client before and needed time to talk to him before a new and correct bail application could be filed.
“Whenever the accused person who is in custody appears before a judge, they have a right to vent out whatever is troubling them and say what conditions they are in wherever they are incarcerated including an opportunity to move a request for their release on bail,” said Ndyalivana’s lawyer.
Responding to this, Judge Majeke Mabesele reminded the lawyer that the attorney was instructed to file a formal application for bail two weeks ago.
“As an alternative to that failed process, for which my attorney takes blame at this stage, in line with the principles of bail, that when the accused has eventually after many months found the opportunity to appear before the court, why should the court not listen to him? There can be anything happening in incarceration, it is still within your powers my lord, in my humble submissions to listen to the application,” said Ndyalivana’s lawyer of the bail application.
He went on to urge the court to take a humane approach to the matter as the accused have been in custody for a long time.
Judge Mabesele was not impressed with another postponement and appealed to both the state and the defence to avoid further delays.
Both the state and defence promised the court that the trial date which is set for October will not change.
Ndyalivana is expected to submit his bail application before the June 11 pre-trial. Outside the courtroom, Nathaniel’s father Mark Harris said he was disappointed with another postponement but still hopes that justice will prevail and his mother Brigitte said the family is deeply sad as they also lost Julie’s grandfather father last Wednesday.
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