A police officer charged with defeating the ends of justice in the murder case of Nateniël Julies intends to testify that officers can attend to crime scenes even when they're off duty.
Sergeant Foster Netshiongolo was off duty when Julies was shot and killed in August last year but allegations are that he was asked to go and tamper with the crime scene.
However, his lawyer Advocate Onke Maseti has told court that when Netshiolongo takes the stand, he will tell the court that even when he is off-duty, he still attends to the criminal activities that are happening.
Speaking to State witness Lieutenant Colonel James Chauke, Maseti said: "As a colonel, when you are off duty yourself, and you see criminal activity, do you ignore it?"
Chauke, who has 29 years of experience in the police service, responded: "No, you do not ignore it."
News24 previously reported that Netshiongolo had been booked off sick that day, but managed to rush to the crime scene and allegedly tampered with it.
On the day of the murder, his colleagues Constable Caylene Whiteboy and Sergeant Simon Ndyalvane were in Eldorado Park doing police work when Julies was shot.
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Allegations are that after the shooting, Netshiongolo was off sick but took orders from Ndyalvane to go and plant ammunition at the scene of the crime and cover Nathaniel’s blood with soil.
Maseti told Chauke that Netshiolongo would testify that a police officer is on duty 24 hours a day, every day of the week to which Chauke agreed that it was true.
As a result, Maseti said, when Netshiolongo was found at the scene after Julies had been shot, he was "doing nothing illegal."
Earlier, however, the State had said Netshiolong had been booked off sick the day he attended to the scene and probed the Chauke on whether he could attend the crime scene under such circumstances.
The witness responded: "No, he cannot attend."
Julies was shot and killed outside his parents' home in Eldorado Park last year August.
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He was rushed to Chris Hani Baragwanath Hospital, where he was declared dead on arrival.
Ndyalvane and Whiteboy were charged with murder, discharging of a firearm in a public place, being in possession of prohibited ammunition, and defeating the ends of justice.
Netshiongolo faces charges of defeating the ends of justice, accessory after the fact of murder, and for being in possession of prohibited ammunition.
The trial continues on Monday.