Court asks defence in Nathaniel Julies case to focus on issues at hand

13 October 2021 - 11:48
By Ernest Mabuza

Gauteng High Court judge Ramarumo Monama on Wednesday pleaded with defence lawyers in the Nathaniel Julies murder case to focus on the questions the court was dealing with, and not on peripheral matters.

Monama made this plea before the resumption of the case on Wednesday when Tahiira Kaldine, a new witness, was about to testify.

Her testimony followed that of Const Dumisani Mandla Sithole, which took six court days, as some defence lawyers questioned whether Sithole should be seen as an accomplice in the murder.

“The investigation in this matter is the allegation of murder. We are not interested whether a witness is an accomplice. We spent three days on issues that were peripheral,” Monama said.

He said whether Sithole was as guilty as others was irrelevant in the determination of the issues in the case.

“The investigation is whether the state proves its case of murder. The reason I am raising this is because we must remain focused on the essence.

“That is the reason why there are persistent interruptions from the bench that divert us from the issue before us,” Monama said.

Sithole was with four other police officers when Julies was fatally shot near his home in Eldorado Park on August 26 last year.

He testified that following the shooting, a plan was allegedly concocted immediately after his death to make it look like Julies was caught in crossfire during a gang shooting.

Const Caylene Whiteboy, Sgt Simon Ndyalvane and Sgt Vorster Netshiongolo are facing charges related to the murder of the 16-year-old who lived with Down’s syndrome.

Whiteboy and Ndyalvane have been charged with the murder.

Ndyalvane and Netshiongolo also face counts of unlawful possession of ammunition. All of the accused face a count of defeating the ends of justice, while Netshiongolo is facing a count of perjury. They have pleaded not guilty to all the charges.

The trial continues.

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