Striking a lonely figure in court, Nathaniel Julies’ mother Bridget Harris sat during the two-day testimony of accused number one, Caylene Whiteboy.
Whiteboy wrapped up her testimony in the witness box on Tuesday before the High Court of Johannesburg, sitting in Palm Ridge.
Whiteboy reminded the court about a particular voice note where other officers who were on the scene agreed that only one shot went off.
According to Whiteboy, there was a spent bullet that went off from the back side of the moving vehicle. This after she pulled the trigger from the passenger seat through the driver’s window, where accused number two sat.
Testified to firing the shots on instruction
Whiteboy also told the court that her ears rang painfully after the shot went off in her hands.
“Accused two moved back – he gave me his blessing to shoot, as my senior. He gave me three instructions to shoot. Telling me to shoot the boy. To get out and shoot. And he moved back and said ‘shoot through the window’,” Whiteboy said.
Whiteboy handed over the spent bullet docket and other evidence.
Defence lawyer fires off
During the testimony by Whiteboy in the dock – defrence lawyer Solomon Tshivhase fired off at the state.
“I am here to do my job for my client, and if the state is going to play us dirty – I will not keep quiet.
Tshivhase told Whiteboy that he is handing her over to the defence and the state.
He said: “I am leaving you in the hands of the state and the defence – take care of yourself.”
Whiteboy and co-accused, Voster Netshiongolo, were late for court. Initially the dock had accused two in the dock striking a lonely figure looking down while in the dock.
Whiteboy rushed in with a file in hand, wearing navy blue swede high thigh boots,blue jeans, a black long sleeve and the same raincoat she wore on Monday.
She whispered to Tshivhase, and made eye contact with her sister, who has been supporting her during each court appearance.
No DNA on the gun
Whiteboy reiterated before the court that there was no DNA on the gun. Tshivhase questioned if the gun had any DNA found on it.
She said: “Colonel Sambo wiped the gun with sanitiser. I saw him wiping the gun. And I do not know who used the gun before the incident.”
Whiteboy and co-accused number 2 Simon Ndyalvane were dismissed from the Eldorado Park station following the incident. Accused number three, detective sergeant Netshiongolo resigned shortly after the incident.
Before the end of the court proceedings, accused number two’s lawyer Thabo Moepo cross-examined him.
Moepo asked Whiteboy if she has studied anything that has to do with criminal law. He also asked if she knows the difference between killing and murder.
Whiteboy failed to answer these questions. Stating that she does not understand what he is asking. She asked him to rephrase.
Criminal intent
Whiteboy added: “In my practice I only did criminal procedure and not criminal law. When you kill someone it just happens and when you murder it comes with intent and a plan.”
Judge Moosa cautioned Whiteboy, warning her not to discuss the matter with anyone as she is now entering the cross-examination phase.
Judge Moosa said: “You cannot at any time and point from now discuss the merits of the case with anybody.”
Cross examination will take place from March 27 until March 28.
Outside court, Harris detailed how she found her son on the two occasions she went to identify him.
“First at the hospital, secondly at kerrs and on the third day we got the post-mortem results. There was no wound on my son’s body, just the shot gun wounds from the pallets (sic).”
