Cop in Nateniël Julies shooting reapplies for bail

The Protea magistrate's court has urged the defence lawyer of one of the three police officers accused of murdering Nateniël Julies to disclose the new facts on which he will be applying for bail to avoid further delays in the matter.

Forster Netshiongolo appeared briefly on charges of accessory to murder after the fact, defeating the ends of justice and possession of prohibited ammunition.

Nethsiongolo, along with his colleagues Simon Scorpion Ndyalvane and Caylene Whiteboy, were previously denied bail in the same court. The pair face charges of murder, defeating the ends of justice, possession of prohibited ammunition and discharging a firearm in public.

Magistrate Ndivhuwo Sethusha urged Netshiongolo’s defence lawyer Onke Maseti to provide the state with the new facts which formed the basis for the fresh bail application.

This came after prosecutor Mzwandile Mrwabe informed the court that the state was yet to receive Netshiongolo’s new facts for his renewed bail application.

Mrwabe told the court that failure to be granted access to the new facts would prejudice Netshiongolo and cause further delay as the state might be compelled to investigate the facts presented before court.

“The state is not aware of new facts upon which the application is being brought, even today the state is not aware. I took it upon myself to discuss the issue with my learned friend [Maseti] so we are appraised. I do not want to prolong this issue,” Mrwabe told the court.

“We have been informed that the defence will not provide the state of the new facts and those will be made available to the state on December 1. The reason for emphasising that we need the new facts is that I am thinking ahead because we don’t want a situation where the state is being accused of playing delay tactics and playing hide and seek,” Mrwabe said.

Maseti was adamant in refusing to disclose the new facts to the state.

“I made it clear to the state that I will not provide them with the bail application in advance. If something needs to be verified, then the state will be given an opportunity to verify them,” Maseti said.

However, Sethusha told Maseti that his refusal to disclose the new facts would be tantamount to shooting himself in the foot.

“On December 1 the state will stand up and ask for a remand to get their house in order and prepare because they would have been caught off-guard [with the facts]. If you don’t give them the new facts before December 1, this matter will not be brought to finality. You have been made aware that it is wise to provide the state with the new facts to avoid unnecessary delays. I am not going to compel you to provide the state with the new facts but you need to be made aware that they will be dealt with as they arise,” Sethusha said.

Sethusha postponed the matter until December 1 when the presiding officer in the matter, magistrate David Mhango, will be available to hear Netshiongolo’s bail application.  

Netshiongolo, who is attached to the Eldorado Park police station detective unit, was arrested on September 1 after he was implicated in the death of Nateniël.

Sixteen-year-old Nateniël, who was born with Down syndrome, was shot allegedly by police officers and taken to the Chris Hani Baragwanath Academic Hospital, where he later died.

Netshiongolo was arrested for his role in allegedly attempting to contaminate the crime scene by planting two 9mm bullets after learning of the fatal incident.