Mihalik murder: Accused Khayelitsha taxi owner wants video footage of killing

2018-12-13 16:19

One of the men accused of the "premeditated" murder of Cape Town lawyer Pete Mihalik wants the State to hand over its video evidence, it emerged in the Cape Town Magistrate's Court on Thursday.

Prosecutor Helene Booysen said the legal team for Vuyile Maliti, 35, had requested further particulars to prepare for its defence, and she had handed over some documents.

However, Inge Jansen, who was standing in for BDK attorney Jannie Kruger as Maliti's representative, said they wanted to bring an application for further and better particulars. 

"He is looking for the video footage," said Jansen, presumably referring to the CCTV footage that captured Mihalik's shooter and getaway vehicle in Green Point.

Booysen replied that she had handed over a copy of the charge sheet and Maliti's warning statement.

"The State is not prepared to give access to affidavits and the video footage," she said.

READ: Mihalik murder: What we know so far

Mihalik was doing the morning school run on Tuesday, October 30, when a gunman approached his SUV and fired shots at close range.

Mihalik was hit in the head and a bullet is believed to have lodged in his son's jaw. His son is said to be recovering. His daughter was not injured.

Sizwe Sinzokohle Biyela, 26, and Nkosinathi Khumalo, 31, are co-accused in the matter.

According to the charge sheet, they are both from Umlazi in KwaZulu-Natal.

Vuyile Maliti, 35, a taxi owner with business in Khayelitsha, lives in Kuils River and handed himself over to police after officers made the first arrests.

ALSO READ: 'He called everyone my brother - Mihalik the first  Cape bar lawyer to be assassinated 

The men are accused of murder, attempted murder, possession of an unlicensed firearm and possession of ammunition.

At their previous appearance, it emerged that Biyela wanted a separate attorney from Khumalo, because they apparently had "conflicting interests".

On Thursday, the court heard that advocate Ntombifutu Kunju would be receiving instructions through Legal Aid’s Judicare, which provides pro bono assistance from private legal practitioners.

The men's appearance was delayed by four hours on Thursday because there was some confusion with transport, because the men were being brought from three separate prisons in the province.

Magistrate Greg Jacobs asked investigating officer Charl Kinnear what had caused the delay and he replied that there had been some confusion, but that he had sorted it out.

"It is hugely inconvenient," remarked Booysen.

The case was postponed until February 15 for the men's bail application.

Read more on:    pete mihalik  |  cape town  |  crime

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