Judge Cassim Moosa issued a warrant of arrest provincially for two of the three former Eldorado Park police officers for their absence in court on Thursday. Constable Caylene Whiteboy and detective sergeant Voster Netshiongolo were a no-show in court.
The case has notoriously been fraught with a series of chronic delays. These delays have deeply frustrated the victim’s family, especially his mother.
However, the third suspect, Simon Ndyalvane, did show up. But his lawyer, Thabo Moepo, was a np-show.
The matter was heard at the the Johannesburg High Court sitting in Palm ridge.
During court proceedings Judge Moosa issued a warrant of arrest when he noticed that two of the accused failed to appear before the court. On Monday he gave instructions for the trio to be present with the defence especially accused three.
The ex-officers are on trial for the murder of 16-year-old Nathaniel Julies.
Victim had Down’s Syndrome
The officers are charged with the shooting death of Julies on 26 August 2020, just metres from his home. They alleged that they shot him because he refused to obey their orders.
However, it later emerged that the teenager had mental and developmental problems. These were associated with the fact that he had Down’s Syndrome.
The three officers have since been fired from their jobs.
Lawyer cites ill health
During the trio’s court appearance on Monday, Judge Moosa left an instruction for Simon Ndyalvane’s lawyer Thabo Moepo to appear before the court with a doctor’s note.
Ndyalvane stood in the dock all by himself. This is because Moepo failed to appear before the judge with the requested medical certificate.
Judge Moosa has since shown little mercy. He gave Moepo another chance to present a medical note. Judge Moosa postponed the matter of Moepo’s health to February 29. He also postponed this matter for hearing again to March 7.
Too many delays
On Monday, Judge Moosa agree with the state prosecutor Johan Badenhorst when he highlighted that the case of Julies has a pattern of being postponed.
“We have all promised that by the end of this term, this will be finalised,” said Moosa.
While the defence for Whiteboy and Netshiongolo were present, Ndyalvane’s lawyer Thabo Moepo did not appear for his client. In a WhatsApp message prosecutor Badenhorst read in court, Moepo cited ill health and the need to see a doctor. He requested a month’s postponement to attend to his health challenges.
Badenhorst, however, questioned the sincerity of Moepo’s request, saying the attorney had cited illness from the last court date for the matter.
Judge orders lawyer’s appearance with sick note
“If he is so sick, why has he not seen a specialist yet,” he asked.
Judge Moosa postponed the matter to Wednesday and requested that Moepo come to court with a medical note.
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