The State in the Nathaniel Julies case has told the Protea Magistrates Court that releasing the police officers would jeopardise the case because of their fear of accused number one, Simon ‘Scorpion’ Ndyalvane.
Ndyalvane, Caylene Whiteboy, and Voster Netsiongolo were in court on Wednesday for their bail application.
They were accused of killing the 16-year-old from Eldorado Park and then tampering with evidence to try to cover it up.
Whiteboy admitted in her affidavit read out by her lawyer, Jeff Maluleke, that she was the one who fired the fatal shot.
She, however, alleged her co-accused, Simon “Scorpion” Ndyalavane, 46, who is her senior officer, instructed her to pull the trigger.
Whiteboy claims that when she fired the gun, she had no idea it was loaded with live ammunition.
“I had used the firearm earlier in the day in Freedom Park to successfully disperse a crowd. The gun was loaded with rubber bullets. I was so shocked when I used it later, unbeknown to me that it was loaded with live ammunition.”
The 23-year-old officer further stated that she was given the gun by Ndyalavane who booked it out of the station instructing her to shoot. She also alleged that she has been getting death threats from him.
The State corroborated Whiteboy’s assertion that Ndyalvane threatened to kill her if she did not co-operate with him, saying they too had evidence of the intimidation.
The State’s counsel, Mzwandile Mrwabe, said it was evident that Ndyalvane was feared by his fellow accused. He said they had proof that Ndyalvane was also feared by his other colleagues.
Whiteboy’s affidavit alleges Ndyalavane made efforts for her to manufacture evidence against the case.
“I have received written WhatsApp death threats from my co-accused applicant one (Ndyalavane) as a result of my cooperation with the state to ensure that the whole truth is told. Ndyalavane offered to pay for my legal fees if I agreed to tailor my version of events, which I refused.”
Mrwabe argued that releasing the accused on bail would disturb the public peace in Eldorado Park as the community was still reeling from Julies’ murder.