Constable Mandla Sithole’s evidence and testimony was back under the spotlight last week as the Nathaniel Julies murder trial continued at the Palm Ridge Magistrate’s Court.
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Constable Sithole is one of the police officers who were on the scene when Julies was killed in august 2020.
During his testimony in October last year, Sithole told the court what transpired on that fateful night, giving shocking details of how Julies was loaded in the back of a police van and driven to hospital after being shot.
He also pointed at accused number one, Caylene Whiteboy as being the one who pulled the trigger allegedly at the instruction of accused number two, Simon Scorpion Ndyalivana.
A recording of a conversation between Whiteboy and Ndyalivana fabricating a story of how Julies had been killed was made by Sithole and presented in court as evidence s well last year.
Before last week’s adjournment, the defence for accused number two had challenged the transcript of the recording saying it was not a true reflection of what is contained in the actual recording.
The admissibility of the actual evidence was not challenged but only the transcription and translation was questioned with the defence even proposing a trial within a trial.
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“The court having read the heads of argument was of the view that in essence the matter was about to determine the way forward in order to ensure that the fair trial rights of the accused are not trampled upon and that the parties will have a fair opportunity to test the evidence of the witness (Sithole to) to their satisfaction,” said Judge Cassim Ismail Moosa before deciding on the matter.
The trial within a trial was not granted and Judge Moosa made the order that the state shall lead Sithole’s evidence from Monday when court proceedings resume this week.
“Interpreters in various languages will be in court and will interpret what is contained on exhibit three (cellphone recording) while it is being replayed during the proceedings,” Judge Moosa said.
“In the event that there are differences between exhibit three and exhibit H (transcript), such differences will be corrected and contained in a new document which this court shall mark as exhibit JJ.”
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Not going on a trial within a trial was welcomed by all parties and hopefully by Julies’ family and the people of Eldorado Park as it would mean no further delays on the actual trial which has been dragging for about two years.
The matter continues this week where 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.
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