Cop who shot Nateniël Julies was threatened by fellow officer, court hears

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The police officers Constable Caylene Whiteboy, Sergeant Simon Scorpion Ndyalvane and Sergeant Foster Netshiongolo appear in court.
The police officers Constable Caylene Whiteboy, Sergeant Simon Scorpion Ndyalvane and Sergeant Foster Netshiongolo appear in court.
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  • A police officer accused of firing the bullet that killed Nateniël Julies claims that her co-accused had threatened her.
  • In her confession to a magistrate after the incident, Constable Caylene Whiteboy said Sergeant Simon Scorpion Ndyalvane had threatened her and her family.
  • However, she said she still wanted to confess, despite the threats. 

A witness has testified in court that the police officer who confessed to firing the bullet that killed Nateniël Julies had stated in her confession that her colleague and co-accused had threatened to injure her and her family should she reveal the truth about what happened on that fateful day.

Speaking on Wednesday in the Gauteng High Court in Johannesburg sitting at the Palm Ridge Magistrate's Court, Magistrate Theresa Swart said she was the one who had taken Constable Caylene Whiteboy's confession after the teenager's shooting.

In the confession statement, Whiteboy had stated that Sergeant Simon Scorpion Ndyalvane had warned her not to tell the truth about what happened on 26 August 2020, said Swart

"She was bought to my office by Captain R S Thobejane. It was only me and Whiteboy in my office when she confessed.

"I explained to her that her statement would be used against her during her trial and she agreed that she understood. She said she understood that a confession was not a trial.

"I explained about her legal rights and that if she needed a lawyer, it was her right to have one, and she replied that she understood. I asked if she was threatened or forced by anyone to make the statement. She replied she was encouraged by Eddie, who is not a police officer, to make the statement," said Swart.

According to Swart, Whiteboy also told her that she hadn’t been assaulted or threatened with assault by anyone trying to force her to confess.

READ | Nateniël Julies: Judge sees red as lawyer arrives late for court, while another failed to show

"She only said she was intimidated by Sergeant Simon Scorpion Ndyalvane. Whiteboy said Ndyalvane told her to stick to the statement, otherwise he will injure her and her family.

Swart said: 

Whiteboy later continued that 'honestly, what must happen must happen, and my family must be safe'. She said the SAPS wanted her to lie, and she wanted to tell the truth, just the truth.

The murder trial then went into a trial-within-a trial after Whiteboy claimed that she was forced to confess to the offence against her will.

Advocate Johan Badenhorst, for the prosecution, told Judge Ramarumo Monama that he intended to use a confession made by Whiteboy.

However, Whiteboy's lawyer Advocate Solly Tshivhase was having none of that.

Tshivhase claimed that Independent Police Investigations Directorate (IPID) officers had "influenced" Whiteboy.

"My client was influenced by IPID officers when she confessed. She was promised to be made the State witness. She then made some admissions," Tshivhase said. The trial continues.

Ndyalvane and Whiteboy have pleaded not guilty to murder, illegal possession of ammunition, and defeating the ends of justice.

Ndyalvane also faces a charge of perjury. The third accused, Sergeant Foster Netshiongolo, pleaded not guilty to being an accessory after the fact to murder, defeating the ends of justice, and illegal possession of ammunition.

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