The three Eldorado Park police officers accused of killing Nateniel Julies acted in common purpose in an attempt to conceal the teen’s murder by planting bullets at the scene to make it seem like there was a shootout.
Independent Police Investigative Directorate senior investigator Johannes Mathoko laid bare details leading to the time Julies was murdered and the alleged cover-up by the three officers.
Sgt Simon Scorpion Ndyalavane, 46, and Const Caylene Whiteboy, 23, face charges of murder, possession of prohibited ammunition, defeating the ends of justice and discharging a firearm in public.
Their co-accused, Forster Netshiongolo, faces charges of accessory to murder after the fact, defeating the ends of justice and possession of prohibited ammunition.
In his affidavit that was read out in the Protea magistrate's court in Soweto yesterday, Mathoko said he established that Ndyalavane booked out a shotgun from the station but did not book out ammunition.
They then picked up three other officers and went to Freedom Park, south of Johannesburg.
Mathoko said he established that Ndyalavane had his own private shotgun that he discharged in Freedom Park before the officers went to the crime scene in the neighbouring township of Eldorado Park after receiving a tip-off that there is a white truck with suspected stolen property.
“The officers found that the truck was locked and called for back up. While waiting, applicant one (Ndyalavane) gave Sithole (one of the three officers they picked up) a shotgun and loaded it with ammunition. While waiting, they saw the young boy. Applicant one chased the boy,” Mathoko said.
He said Julies returned to the scene after a few minutes and stood by the white truck.
“It is alleged that applicant number two (Whiteboy) took the shotgun from Sithole and pointed it at Julies and shot at him for making a loud noise. They then rushed to Chris Hani Baragwanath Academic Hospital where he was pronounced dead by a doctor,” Mathoko said.
He said Ndyalavane then called Netshiongolo who was off-duty and had been booked off sick to meet them at the hospital.
“They both arranged to stage the crime scene to make it seem as though there was a shootout. Applicant three (Netshiongolo) went to the crime scene and called the duty officer, Col Chauke, and told him he was at the crime scene,” he said.
“He then gave Col Chauke two 9mm rounds and said they were found at the crime scene but refused to hand over his shotgun and said it belonged to him,” he said.
Mathoko said the three acted in common purpose to outwit the state. He said they were in possession of prohibited ammunition and this showed intention.
“Following the tip-off ... they used prohibited ammunition on a young innocent boy with a disability who irritated them, proving the act of common purpose. They should have been able to foresee the likelihood of death,” he said.
Mathoko said Netshiongolo’s role was to hinder investigations.
"He went further to inform the nurse [at Baragwanath] that he will sign for the body for forensic when he was not on duty, and told family [members] at the scene that he can’t help them because he was not on duty,” he said.
Meanwhile, Whiteboy earlier in the day told the court that she received death threats from Ndyalavane if she told the truth about what transpired the night Julies was murdered.
“I received [in] a cellphone, a threatening statement from applicant number one, indicating that is what she must tell the law [enforcement authorities] and if she doesn’t comply, he will kill her,” Whiteboy's lawyer Jeff Maluleke told the court.
Whiteboy further said Ndyalvane offered to pay for her legal services if she tailored her evidence.
The bail hearing was postponed to today for arguments.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.