The prosecutor said that Simon ‘Scorpion’ Ndyalvane had three previous convictions and couldn’t be trusted on bail as he had claimed to have only one conviction.
FILE: Scorpion Ndyalvane, Caylene Whiteboy and Voster Netshiongolo on 22 September 2020 made a brief appearance at the Protea Magistrates Court for the alleged murder of 16-year-old Eldorado Park teenager, Nathaniel Julies. Picture: Kgomotso Modise/EWN
JOHANNESBURG – The State has argued that one of the accused police officers in the Nathaniel Julies murder case has a history of violence and should not be allowed back into the public.
Simon ‘Scorpion’ Ndyalvane, Caylene Whiteboy and Voster Netshiongolo are petitioning the court for bail.
They are accused of killing 16-year-old Julies who had Down syndrome.
They are also accused of defeating the ends of justice by tampering with the crime scene to try make it look like there was a shootout with a gang.
In his affidavit Ndyalvane told the court that he had one prior conviction from 2010.
But the State has dispelled this, saying their records indicated that he in fact had three convictions, namely assault, assault to cause grievous bodily harm, and malicious damage to property.
Prosecutor Mzwandile Mwrabe said this omission showed Ndyalvane’s dishonesty.
“How do you trust him to release him on bail? He has already shown you cannot trust him. He has the audacity to lie to court saying he only had one conviction.”
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Meanwhile, Magistrate David Mhango questioned whether Netshiongolo would not tamper with the crime scene if he was to be granted bail.
His attorney said this was not possible because the investigation had been completed.
But Mwrabe also denied this, saying with Nethsiongolo having access to the crime scene, he may still compromise the ongoing investigation.
The matter has been postponed to Monday.
