Pete Mihalik murder: 'Accused one, two and three, bail is denied'

2019-07-29 16:31
Sizwe Biyela, Nkosinathi Khumalo and Vuyile Maliti in the Cape Town Magistrate's Court. (Jaco Marais, Netwerk24, file)

Sizwe Biyela, Nkosinathi Khumalo and Vuyile Maliti in the Cape Town Magistrate's Court. (Jaco Marais, Netwerk24, file)

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The three men accused of murdering advocate Pete Mihalik last year were denied bail by the Cape Town Magistrate's Court on Monday.

"There is prima facie evidence before this court that all three accused participated in the well organised and meticulous planning of the killing of advocate Pete Mihalik," said magistrate Greg Jacobs.

Jacobs also found that in their affidavits, the accused failed to show "exceptional circumstances in order to be released on bail".

Sizwe Biyela, Nkosinathi Khumalo and Vuyile Maliti are accused of killing Mihalik while he was dropping off his children near Reddam House Atlantic Seaboard School in Green Point, Cape Town, on October 30.

They also face charges of attempted murder as well as the possession of an unlicensed firearm and ammunition in connection with what may have been an alleged hit on Mihalik.

Mihalik had a diverse client list, from property mogul Jason Rohde, who was found guilty of the murder of his wife, Susan, to businessman and alleged Cape Town underworld figure Nafiz Modack, who is currently on trial in an extortion case.

Jacobs cited evidence presented before the court that, using cellphone billing, the three men were in conversation with one another in the days leading up to and including the day Mihalik was shot dead. 

Jacobs also pointed out that the accused opting to give evidence to the court by way of an affidavit did not help their case, as they could not be subjected to cross-examination.

"It is not the function of this court to make a provisional finding of guilt, but to assess the prima facie strength of the State's case.

"I am not convinced that the... evidence in support of their bail application as demonstrated in their affidavits satisfies the demonstration of exceptional circumstances, which, in the interest of justice would permit their release.

"Accused one, two and three, bail is denied," Jacobs ordered.

The matter will return to the magistrate's court on August 12, where a High Court date for trial is set to be announced. 

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Read more on:    pete mihalik  |  cape town  |  crime
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