Third cop arrested for Nathaniel Julies killing, charged with murder as an accessory after the fact

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  • A policeman based in Eldorado Park has been accused of trying to conceal evidence against his two colleagues charged with the murder of Nathaniel Julies.
  • Detective Sergeant Foster Netshiongolo, 37, appeared briefly in the Protea Magistrate’s Court, facing charges of murder as an accessory after the fact, unlawful possession of ammunition and defeating the ends of justice.
  • Netshiongolo, Simon Scorpion Ndyalvane, 46, and Caylene Whiteboy, 26, are expected back in court on 10 September.  

A police officer who allegedly tried to conceal evidence following the death of 16-year-old Eldorado Park teen Nathaniel Julies has made his first appearance in court. 

Detective Sergeant Foster Netshiongolo, 37, appeared briefly in the Protea Magistrate's Court on Thursday morning. 

Magistrate David Mhango told Netshiongolo he was facing charges of murder as an accessory after the fact, unlawful possession of ammunition and defeating the ends of justice.

Netshiongolo then disputed the charges, claiming that when he was addressed at the police station upon his arrest, he was told that he was only facing charges of defeating the ends of justice and possession of prohibited ammunition.

READ | Packet of biscuits 'found in Nathaniel Julies' pocket', he was 'eating it when he was killed'

National Prosecuting Authority regional spokesperson Phindi Mjonondwane said they had a right to amend charges against an accused person. 

"It is important to understand that is it the prerogative of the prosecution to decide on which charges to prefer against an accused person. It is also within our right to amend the charge sheet especially if the accused has not pleaded guilty. 

"We can confirm that Netshiongolo is charged with one of murder as an accessory after the fact, unlawful possession of ammunition and defeating the ends of justice," said Mjonondwana.

READ | EFF, cops scuffle at court appearance of Nathaniel Julies' alleged killers

She said the charge of murder as an accessory after the fact was added, as the State alleges that after he was made aware that an offence had been committed, he then tried to assist in concealment of the offence. 

The kind of ammunition used in the offence is prohibited and no longer allowed for use in terms of the law. 

Mjonondwana earlier said the ammunition used was banned after it was used to kill Andries Tatane in Ficksburg, Free State, on 13 April 2011.

OPINION | It's not every coloured

Tatane was among residents who were protesting for water when he was shot and killed by the police.

The shooting was captured live on television. 

"Accused three faces counts that falls under ambits of schedule 6 offences. As the State we will be opposing all bail applications by the three accused," Mjonondwane said.

ALSO READ | ‘They shot him and dropped him off like trash’: Family gutted by death of teenager at hands of police

Netshiongolo appeared in court following earlier appearance of his colleagues Simon "Scorpion" Ndyalvane, 46, and Caylene Whiteboy, 26. 

Ndyalvane and Whiteboy are facing charges of premeditated murder, defeating the ends of justice, discharging a firearm in a public space, and possession of prohibited ammunition. 

The three officers are due back in court on 10 September, when it expected they will apply for bail. 

Julies was shot dead outside his home in Eldorado Park on 26 August.

ALSO READ | Ramaphosa offers condolences to family of slain teen Nathaniel Julies

It sparked protests in the area, with residents calling for swift action against his killers.

Police Minister Bheki Cele visited Eldorado Park days after the incident.

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