Nathaniel Julies: Bail application postponed due to unavailability of judge
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Johannesburg - The bail application of one of the police officers linked to the death of Eldorado Park teen Nathaniel Julies was postponed due to the unavailability of a judge.
Simon Scorpion Ndyalvane appeared before the South Gauteng High Court on Thursday to reapply for bail based on new evidence.
He and two other officers, Constables Voster Netshinongolo and Caylene Whiteboy, were arrested after 16-year-old Julies was shot just metres away from his home in Eldarado Park on August 28 last year.
Nathaniel, who was born with Down syndrome, was taken to the Chris Hani Baragwanath Academic Hospital, where he later died.
According to Ndyalvane's legal team, they were not given a warning or informed that a judge would not be available for Thursday’s proceedings.
“We arrived today with our sleeves rolled up ready to present our side of the matter to the court. To our surprise, we were told that there is no judge available.
“This is very shocking and uncalled for. I don’t understand why the life of my client is taken lightly. It has been almost a year since his arrest, and he has not seen his family, as well as his month-old baby,” said lawyer Mandla Mnyatheli.
The officer faces charges of murder, possession of illegal ammunition and defeating the ends of justice.
Mnyatheli said his client was innocent until proven guilty, and that he was a sergeant and had been in the force for more than 10 years.
“My client was the one who tried to save the life of the deceased after he was shot. He was the one who put the Down syndrome boy in the back of the police van and rushed him to the nearby hospital,” Mnyatheli said.
National Prosecuting Authority(NPA) regional provincial spokesperson Phindi Mjonondwane said that the matter had been postponed to July 23 for a pre-trial hearing and that all three accused were expected to appear before the court.
Furthermore, the State would try to assist Ndyalvane’s in his application to be released on bail, based on the new facts.
"Should there be an available judge to hear his bail application on the new facts before the pre-trial date, he will then be requisitioned to come to the high court for his bail application.
“The State is aware of new facts as this has been provided to the NPA to prepare its response, but the new facts and our response will only be heard in a court of law," said Mjonondwane.
She highlighted that the high court would be entering a period of recess, which could affect the availability of a judge before the pre-trial date.