Caylene Whiteboy, one of three ex-police officers accused of murdering 16-year-old Nathaniel Julies in August 2020, has told the court that she believes she might have been the target on the night in question.
Whiteboy delivered this testimony during cross-examination by Advocate Mandla Mnyantheli, who represents accused two in the matter.
Julies, who was suffering from Down syndrome, was shot and killed outside his home in Eldorado Park, Soweto.
The matter will run for three days this week between April 17, 18 and 19 at the Johannesburg High Court sitting in Palm Ridge.
Defence to close arguments on Thursday
The defence will close their cross-examination on Thursday.
Whiteboy detailed an incident that dated back to 10 days before she was caught in what she describes as a “set up”.
“We were assigned to check factories. And in one of these factories was abandoned. There we found six people dealing in illicit cigarettes worth millions of rands. I wanted to arrest the six people there, and the rest of the officers wanted to profit from it [instead]. Ten days later, we were at Hillbrow flats and I was told to get out of the police van in the dark. This is why I believe that it was a set-up. I was supposed to die.”
Mnyantheli reprimanded Whiteboy, saying the court room was not a beer hall.
Mnyantheli said: “You must remember that we are not in a tavern. Your response gives me the impression that you are running away from taking responsibility. [You are] blame shifting and trying to put the weight on Ndyalvane.”
Accused implicated colleagues with known criminals
In a charged-up response, Whiteboy said that she does not care who the truth implicates; she just wants justice.
“I am not playing here. This is my life that I am fighting for,” she said.
Judge Cassim Moosa stepped in and requested that Mnyantheli allow Whiteboy to unpack her responses as she understood them.
Simon Ndyalvane and Vorster Netshiongolo sat in the dock, shaking their heads while Whiteboy responded to cross-examination.
Whiteboy made a scenario before the court. She stated that if a chef had to poison food and a waiter served a customer and died, why must the waiter be held responsible.
“Take this matter back to the commander on the day. Why was I not allowed to go sign out my police firearm? Why was Ndyalvane allowed by the station to sign out that unlicensed firearm? And why was the gun loaded with green ammunition that I have never used,” Whiteboy questioned.
Whiteboy told the court that she had no idea who Nathaniel Julies was. But she knew the men who spoke to Ndyalvane on the night in question.
She claims to have been set up to hide colleagues’ own activities
She alleged that these men were runners for a drug dealer.
“I know these boys because they we went to school together. The corner they were standing on is where drugs are dealt. I know them personally, and I don’t know Nathaniel Julies. And I did not know he was a 406 [a child with disabilities].”
In a calm response after consultation with his client Simon Ndyalvane, Mnyantheli said: “Ndyalvane collected money that he borrowed to someone. And on that night the person came to pay him the money he was owed.”
Whiteboy said firmly that she knows the men and Ndyalvane took money from a drug dealer’s runners.
Mnyantheli told the court the intent of his client [Ndyalvane] was to protect the “new recruit” [Whiteboy] in order to keep her job.
Accused colleagues of conspiring against her
Whiteboy dismissed Mnyantheli, stating that if they wanted to protect her, why did all seven other officers conspire against her.
“I went to my sister’s flat in Kliptown. Because I wanted to stay away from Ndyalvane. He threatened me. I put the phone on loud speaker when he did this,” Whiteboy said.
Whiteboy admits that she did pull the trigger and made sure to tell her grandmother the truth when she got home.
“I told my grandmother that someone died. I told her everything, I was shaking. By then I was crying and traumatised and took sleeping tablets. And I did not know what to do. My grandmother told the entire family what had happened. Nobody advised me on how to cover up. My grandmother told me to just tell the truth,” Whiteboy said as she recalled the night of August 26, 2020.
Mnyantheli brought before the court that Whiteboy passed her shooting training with flying colours. He reminded the court that her trainer told the court that she was the best shooter of the group.
“Yes I am a good shooter. But I aim with my right hand and not my left hand. I was instructed to shoot out of Ndyalvane’s window as I refused to get out and shoot,” Whiteboy said in her defence.
