Kenny & Gayton gun for Eldos cops
Kunene and his business partner pal McKenzie instruct lawyers to help Nateniël Julies’s family sue the police for the death of teenager
The family of murdered Eldorado Park teenager Nateniël Julies is looking beyond the criminal case against three police officers accused of his killing, with a plan to institute civil claims against the state for their suffering.
This emerged yesterday after the brief appearance of Sgt Scorpion Simon Ndyalvane, Const Caylene Whiteboy and Sgt Vorster Netshiongolo at the Protea magistrate’s court.
Businessman Kenny Kunene and his partner Gayton Mckenzie have hired a team of lawyers specialising in civil litigation to track the criminal proceedings, have access to the docket and evaluate evidence with the intent to file a civil lawsuit against police minister Bheki Cele.
Kunene, who was in court alongside Julies’s parents, told Sowetan yesterday that the legal team he refused to say who they were has also been instructed to launch a civil matter against police commissioner Gen Khehla Sitole.
“The team has also been mandated to institute a civil case against the minister of police after the criminal case has been concluded,” he said.
“One of the concerns the family had was that their son’s case could be one of those that fall through the cracks. The legal team that has been brought in will ensure that the family knows what is happening with the case,” Kunene said, adding that the civil claim will seek compensation for the family’s suffering.
Ndyalvane and Whiteboy are charged with premeditated murder, defeating the ends of justice, discharging a firearm in a public space and possession of unlawful ammunition. Netshiongolo is charged with being an accessory to murder after fact and for defeating the ends of justice and possession of prohibited ammunition.
Nateniël’s mother, Bridget Harris, pleaded with the magistrate not to grant bail.
“I just want justice for Nateniël and please, judge, let bail not be given to them, please. Thank you to the community for standing by me,” an emotional Harris said outside court.
A day after Nateniël was shot dead, two of the three police officers claimed they had only used rubber bullets to retaliate against shots being fired at them while responding to a tip off about alleged crime.
The officers’ version of events is contained in the police’s occurrence book that was filed by Ndyalvane and his coaccused Whiteboy.
Yesterday, the court heard that Ndyalvane was previously convicted of an offence, however, it was not disclosed what he was convicted for. The details will only come to light when the trio appear in court for their bail application on September 22.
According to Ndyalvane, who filed the record of events, the police received a tip off from an anonymous resident that there is a white truck with suspected stolen property.
“Upon arrival at [the] white truck [we] heard a sound of [an] explosive and two coloured males ran and fired at us, [and we] immediately opened the van and take [took] cover. Cst Whiteboy retaliate[d] using [a] shotgun with rubber bullets as a result [the] suspect[s] ran and disappeared in the dark,” Ndyalvane said in the statement.
“Immediately we heard screaming next to the truck[ and] on closer investigation [we] saw a small boy seeking help. We took him with a van to Bara hospital for help. Upon arrival at hospital the victim was certified dead by a doctor ... When scene visited, two live round[s] of 9mm was [sic] found next to the white truck where deceased was lying.”
Ndileka Cola, the Independent Police Investigative Directorate (Ipid) spokesperson, would not confirm the contents of the statement.
“Please note that Ipid is still investigating this matter. At an appropriate stage details of the investigation findings will be made public,” Cola said.
However, two colleagues who are stationed at the same police station told Sowetan that the statement given by Ndyalvane was an attempt to “cover up” the incident.
Nateniël’s family and the Eldorado Park community also previously accused the police of a cover-up of the teenager’s murder, which sparked protests in the area.
An officer stationed in Eldorado Park said the 9mm bullet casings appeared to have been “planted on the scene to make it seem as though there was a shoot-out”.