The four-year long wait for justice for the family of the Eldorado Park teenager who was gunned down by police is finally over as the case finally took off in court. One of the three accused ex-police officers, Caylene Whiteboy, took the stand.
“I cried, I cried so much. The situation is a big mess. I cried even more because everything puzzled me. I felt like it was all a set up.” These were the words of accused one, Whiteboy.
“I questioned why would they put such ammunition in. Why did I get the instruction to shoot. All of this seems like a set up to me.”
Whiteboy is one of three ex-police officers who are accused of the murder of 16-year-old Nathaniel Julies in August 2020. The teen was suffering from Down’s syndrome.
Accused put blame on colleague who loaded gun
This was during cross examination with Advocate Mandla Mnyantheli on Thursday at the High Court of Johannesburg, sitting in Palm Ridge.
Mnyantheli had Whiteboy in the hot seat and questioned why she said on the night in question that “Eldos is going to kill me”.
“It is a Coloured [person] that was shot from Eldos. When I looked at the hospital- I saw that it was a small child. It is s child! Obviously people will go [haywire] about it. I went out of control that same night,” Whiteboy responded, relieving that fateful night.
Whiteboy told the court that she did not cry because she was taking responsibility for the death of Julies.
“The responsibility for the boy’s death[lies with] the one who loaded the firearm with that ammunition. The one who loaded that ammunition should explain their intentions for booking that specific ammunition out,” Whiteboy said.
Whiteboy reminded the court that according to her knowledge, her colleague Mandla Sithole was on loading duty.
Relieved to finally take the stand and speak
During the cross examination, Whiteboy’s advocate, Solomon Tshivhesa, objected on two occasions. He stated that Mnyantheli should not be unfair to his client when asking questions that she cannot answer. Judge Cassim Moosa overruled Tshivhesa’s objection, telling him that he believes that Whiteboy can answer the questions set in front of her.
Whiteboy wore green boots, blue jeans and a green sweater. Accused number two, Simon Ndyalvane, and number three, Voster Netshiongolo, wore matching blue sweaters. They sat closely in the dock.
Whiteboy detailed that this is the first time in four years that she is able to speak up.
Alleges threat by co-accused after incident
While in the witness dock Whiteboy said: “ Accused two threatened me on the morning after the shooting. He told me what I need to say and to stick by that story. A part of my statement where it says that I shot with them at Freedom Park before going to Hillbrow Flats is not true. I wrote that I shot at Freedom Park out of fear. Scorpion [Ndyalvane] was present in the first parts of writing my statement. That’s until I asked for him to be removed.”
Ndyalvane reached for his lawyer, who was an arm’s length from him. He stated that he was not present at the time that Whiteboy wrote her statement. This was done in the presence of a senior officer, he said.
The matter was postponed to the court’s next term in April.
Judge approves the 13 day period for the case
Judge Cassim Moosa approved 13 days that both the council and defence agreed upon.
The 13 days of the matter was agreed with conditions by state prosecutor Johan Badenhorst.
Badenhorst said: “The specific dates are agreed upon for 9.30am. The court will assist us if we are on time. This matter has been coming on for years.”
The next court appearance will be for three days from April 17 until April 19. Then it will continue on April 24 and 25.
Decisions to be made after May 29
The matter will then move into May and sit on May 2 and 3, May 20 and 21, May 23 and 24. Furthermore, decisions will be made after May 28 and 29.
In a conversation with Sunday World Julies’ mother, Bridget Harris, said: “I am happy that there is progress. I loved my son . This fight is hard. Four years later and the accused ex-police officers are still walking free. My son is turning in his grave. With the testimony I heard last week from accused one. The wheels of justice are turning.”
