The Magistrate has warned that the attorney representing Foster Netshiongolo might be "shooting himself in the leg".
Yesterday (Thurs) the case against one of the three cops implicated in the murder of Nateniel Julies was postponed as the presiding magistrate, David Mhango who dealt with the bail application was unavailable due to another court commitment.
Sergeant Netshiongolo has been accused of trying to conceal evidence of Nateniel' s murder.
He appeared at Protea Magistrates court in Soweto for his bail application on new facts.
Before the postponement of the case, the state procecutor, Mzwandile Mrwabe argued that te State was not provided with the new facts Netshiongolo is bringing to his bail application.
Mrwabe said: "We need to have the new facts in advanced as the State.
"We don't want the situation where the state will be accused of playing hide and seek and playing delaying tactics," said Mrwabe.
But Netshiongolo' Attorney, Onke Maseti didn't budge.
He said: "I made it clear to the state that if something needs to verified they will be given that opportunity," said Maseti.
Magistrate Ndivhuwo Sethusha said if the state is not provided with the reasons of what they consider as new facts for the State to prepare their case and be ready to whether or not oppose, it might cause a delay.
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She said: "Your Shooting yourself in the leg because they will remand the case to go and prepare."
Sethusha said this might cause unnecessary delays.
Nateniel (16) who suffered from a down syndrome was shot and killed few meters away from his home in August, at Eldorado Park, in the south of Joburg - three cops were shortly arrested.
Netshiongolo along with his two co-accused Sergeant Simon 'Scorpion' Ndyalvane and Constable Caylene Whiteboy (23) were denied bail following their arrest.
The presiding magistrate said the trio failed to prove beyond reasonable doubt that they needed to be granted bail and they could interfere with state witnesses.
The court heard that on the night of Nateniel's murder, Netshiongolo was booked off sick but despite this, he went to the crime scene as instructed by Ndyalvane and tampered with evidence.
Netshiongolo planted ammunitions so it appears that there was a shootout between the cops and an unknown person, and further covered Nataniel’s blood with soil.
