Vusi Adonis
Johannesburg - The Nathaniel Julies trial was set to start in the Palmridge Magistrate’s Court today, where pretrial proceedings were expected to take place.
Proceedings have, however, been postponed until June 2. The reason for the postponement is that one of the accused’s representatives was unable to be present in court.
Indications are that the actual trial will get under way on October 3 and is set to go on until December 2, 2022.
A determination had already been made to start the case afresh.
This comes as the judge who had initially presided over the case, Justice Ramarumo Monama, died in February due to illness.
The regional spokesperson for the DPP Gauteng Local Division, Phindi Mjonondwana, explained that in the interest of justice all testimony that had already been given will have to be given again for consideration by the new presiding judge. Twenty-four witnesses had already taken the stand at the time of Justice Monama’s death.
When asked why the new presiding judge could not just go through the record of what had already happened in the case so far and continue from where Monama had left off, she stated that it was a procedure that had to be followed.
She said: “The conclusion that this court is expected to make will include amongst others findings in terms of the credibility of the witnesses before court. So starting the trial afresh places the new judge in an advantageous position to get to see and hear the witnesses at first hand so that he is able to make findings in terms of their demeanour in court, how they were conducting themselves …”
She added: “The determination or a finding of credibility is not an easy one and the record alone would not be sufficient for the judge to make such a finding.”
Sixteen-year-old Nathaniel Julies, who lived with Down syndrome, was allegedly shot and killed by police in August 2020 in Eldorado Park south of Johannesburg where he lived.
Ballistic experts revealed that Julies was struck by 189 pellets from a shotgun bullet.
The accused police officers are alleged to have then staged the crime scene to make it look like he was caught in the crossfire during gang-related violence.
A constable and two sergeants were arrested in connection with his killing. The three police officers accused of shooting Julies have been charged with murder, defeating the ends of justice and the possession of prohibited ammunition.
In March, Julies’s mother, Bridget Harris, expressed her frustration with the delays affecting the case.
She said: “It’s dragging, and we as a family didn’t even have closure. The wounds are still fresh even … We don’t know what is going to happen to the case. Is it going to start all over … And we have to go through all those pains again. It’s very, very sad because they are out there. Their bail was R1 000 and my son’s life means nothing.”