The National Prosecution Authority (NPA) says the defence in the case of one of the three police officers arrested for the murder of Nathaniel Julies is bound by law to disclose to the state the new facts they intend to bring in their second attempt for bail.
The accused, Foster Netshiongolo, wants to be released on bail. His application and that of his co-accused Caylene Whiteboy and Simon Ndyalvane were rejected in the Protea Magistrate’s Court in Soweto last month.
Even though he was not present in court, he was represented by his new lawyer after the court heard that his previous attorney intends withdrawing from the case.
The trio face several charges between them including murder, defeating the ends of justice and possession of prohibited ammunition.
Netshiongolo’s new lawyer is reluctant to present his client’s new facts to the state. However, NPA spokesperson Phindi Mjondondwane says he is legally obliged to do so.
“Section 65 subsection 3 of the Criminal Procedure Act dictates to the defence to reveal to the state their new facts for an application to be released on bail so that state can firstly exercise their right to interrogate whether or not those facts are new facts and then prepare a response in opposing the bail application.”