The murder case of Nathaniel Julies continues to experience delays after one of the accused failed to arrive in court.
This led to Johannesburg High Court Judge Cassim Moosa issuing another warrant of arrest. This time, it was after former cop Simon Ndyalvane failed to appear in court.
The Nathaniel Julies case was before the high court of Johannesburg, which was sitting in Palm Ridge on Thursday.
The case has notoriously been fraught with a series of chronic delays, which have deeply frustrated the victim’s family, especially his mother.
Last week, Moosa issued a warrant of arrest for two of the three former Eldorado Park police officers for their absence in court. Constable Caylene Whiteboy and detective sergeant Voster Netshiongolo were no-shows in court.
Bail money forfeited to the state
This week, accused Ndyalvane was absent, and the reasons for the absence were not explained.
Moosa said: “A warrant of arrest is issued for accused number two, Simon, for failing to attend the court. His bail money will be forfeited to the state.”
Ndyalvane was out on bail of R1 000.
Ndyalvane’s lawyer, Thabo Moepo, who was a no-show for several court appearances due to health reasons, presented his medical report to the court.
Intitially, Moepo sent a WhatsApp message to the prosecutor, Johan Badenhorst, which was read in court on February 19, citing his ill-health and the need for him to see the doctor.
In that same text, Moepo requested a month’s extension in the matter, a request that was turned down.
“We have vowed to complete this matter before the end of this term,” Moosa said in the previous court appearance, where the trio was present and Moepo was a no-show.
On February 21, Ndyalvane stood before the court alone with no legal representation.
His co-accused, Whiteboy and Netshiongolo were nowhere to be seen. During court proceedings on Thursday, the co-accused cited that they were late and could not enter the courtroom.
Julies lived with Down Syndrome
Moosa stamped this as a valid reason and pardoned them from the warrant of arrest. The ex-Eldorado Park police trio, who are out on bail, are accused of killing Julies.
Julies was 16 years old at the time and lived with Down Syndrome.
He had gone to buy biscuits and was shot as he failed to respond to the officers on that fateful night on August 26 2020.
The next day, angry residents of Eldorado Park called for the overhaul of the police station in the area following an incident that happened on the night Julies was shot and killed by men in blue uniform.
The three have since been dismissed from the police service.
Ndyalvane and Whiteboy face charges of murder, discharging a firearm in a public place, possession of prohibited ammunition, and defeating the ends of justice.
Netshiongolo has been charged with defeating the ends of justice and possession of prohibited ammunition.
The late rapper Kiernan “AKA” Forbes donated R60 000 towards Julie’s funeral.
Moosa postponed the matter to March 18 for trial.
