JOHANNESBURG -Three former police officers have been convicted in the fatal shooting of Nathaniel Julies, who lived with Down syndrome, in Eldorado Park in 2020. The Gauteng Division of the High Court, sitting in Palm Ridge today, Friday, convicted them on different charges.
Constable Caylene Whiteboy and Sergeant Simon Ndyalvane, were found guilty of murder, and the third accused, Detective Voster Netshiongolo, of unlawful possession of ammunition and perjury.
The National Prosecuting Authority (NPA) of South Africa has welcomed the verdict, in a statement.
Magaboke Mohlatlole, spokesperson for the NPA in the Gauteng Division, said the court acquitted Netshiongolo of being an accessory after the fact to murder. “The court found that the State had not proved the charge beyond reasonable doubt,” he said.
Mohlatlole said all three accused remain on bail pending their next court appearance on 11 November for pre-sentencing proceedings.
Nathaniel was 16 years old at the time he was fatally shot on 16 August during the Covid-19 lockdown. Evidence presented in court, revealed he had left his home and gone to a nearby tuck shop. He was subsequently fatally shot. The ammunition used in the shooting was birdshot.
Following the shooting, Nathaniel was transported in a police vehicle to Chris Hani Baragwanath Hospital, where he was pronounced dead.
“Whiteboy, who was found to have fired the fatal shot, was convicted of murder and defeating the ends of justice. During her bail application, she claimed that she had shot Nathaniel, believing that her firearm was loaded with rubber bullets. Ndyalvane was convicted of murder, unlawful possession of ammunition, defeating the ends of justice and perjury,” said Mohlatlole.
He said the State presented evidence concerning his conduct following the shooting, including evidence that he picked up a spent cartridge at the scene.
Mohlatlole said Netshiongolo, who arrived at the scene after the shooting, was convicted based on compelling evidence of unlawful possession of ammunition and perjury. “Evidence presented during the trial further established that Netshiongolo, with the assistance of Ndyalvane, planted ammunition at the scene and fabricated a version of events suggesting that Nathaniel had been caught in crossfire involving unknown individuals. A statement was subsequently made alleging that the shooting occurred during an exchange of gunfire with unknown persons,” said Mohlatlole.
