Police officers Simon Scorpion Ndyalvana (left) and Caylene Whiteboy (right).
- One of the police officers accused of killing Nathaniel Julies failed to disclose the number of previous convictions he had.
- Sergeant Simon “Scorpion” Ndyalvane, 46, allegedly misled the Protea Magistrate’s Court when he said he only has a single conviction when he applied for bail.
- Prosecutor Mzwandile Mrwabe revealed Ndyalvane had three previous cases of which two of them involved violence.
One of the police officers accused of killing 16-year-old Nathaniel Julies failed to disclose the number of previous convictions he had, the Protea Magistrate’s Court heard on Wednesday.
Sergeant Simon “Scorpion” Ndyalvane, 46, allegedly misled the court by stating he had a single previous conviction when he applied for bail.
However, prosecutor Mzwandile Mrwabe said Ndyalvane lied to the court as he failed to reveal he actually had three previous convictions.
He added the offences, of which two of included violence, were committed while Ndyalvane was employed as a police officer.
Mrwabe said it took the State and Independent Police Investigative Directorate (IPID) investigators to discredit Ndyalvane through police records that he actually had been convicted on three separate occasions.
“Ndyalvane told the court that he has one previous conviction, but it has emerged that he has three previous convictions. He has also told the IPID investigator when he was being charged that he has one previous case.
“The law is clear. It says if it can be found by the court that an applicant lied regarding his previous convictions, which will affect him negatively. Actually, it is a criminal offence.
“Today, we have an applicant who lied to the court. How then will the court trust Ndyalvane that he will abide by his bail conditions should he granted bail? The interest of justice doesn’t permit the accused to be released out on bail. He is not a candidate to be granted bail because of his criminal records and might abscond,” Mrwebe said.
The court also heard Ndyalvane allegedly threatened to kill his co-accused and colleague, Caylene Whiteboy, 23.
She told the court that upon their arrest, Ndyalvane had handed her a fabricated statement that would exonerate him and implicate her alone as the perpetrator.
Whiteboy was being kept safe in custody after receiving death threats from Ndyalvane and drug lords in Eldorado Park.
“Already, Ndyalvane has the propensity to commit an offence where violence is prevalent. These types of crime are prevalent in our jurisdiction and across the country. According to a report compiled in 2019, 3 835 assault cases done by police officers were reported to IPID.
“About 397 deaths caused by police actions were also reported in 2019 and about 214 people died in police custody. This tells the court that these types of offences are prevalent (in the police],” said Mrwebe.
Judgment in the bail application has been reserved until Monday.
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