'People were running around and screaming': Court told of moment Mihalik was shot outside school

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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)
  • The late Pete Mihalik's son was pulled out of the car where his dad was killed and rushed to hospital. 
  • Mihalik, a high profile defence lawyer in Cape Town, was killed while on his regular school run with his children. 
  • Three people are on trial for murder.  

Frank Scherf was used to the sound of the black Mercedes Benz making a loud entrance during the school run to Reddam House Atlantic Seaboard every day. 

Testifying in the Western Cape High Court, he said every day the black luxury vehicle would arrive, its engine roaring as the vehicle took the last turn towards the school.

He was testifying in the trial of three men accused of murdering well-known Cape Town defence lawyer Pete Mihalik, who was shot dead dropping his children off at school. 

READ | Nafiz Modack appeals refusal of bail in Kinnear case

On 30 October 2018, Scherf was sitting on his couch in the TV room near the school, about two metres away from the balcony, when he heard the black Mercedes make its usual arrival during the school run between 07:15 and 08:40. 

Then he suddenly heard two gunshots. 

He ran to his balcony and saw a car driving unusually fast for that time of day.

Scherf testified: 

I ran downstairs and started running in the direction of the shots.

He managed to get a partial number plate of the car driving off, identifying it as a French car. 

"I tried to get the number plate, but it happened too quickly," said Scherf. 

"My adrenaline was rushing. It was a major shock," said Scherf. "There were people running around and screaming."

He saw that Mihalik was shot, and that his son was shot too. Mihalik's daughter appeared to be physically fine. 

The boy was taken out of the back seat and rushed to hospital.

ALSO READ | False start in trial of men accused of killing Cape Town defence lawyer Pete Mihalik

Mihalik was killed that day. Later two people were arrested, and then a third person handed himself over to the police. 

Sizwe Biyela, Nkosinathi Khumalo, and Vuyile Maliti face one count of murder, two counts of attempted murder, illegal possession of a firearm, and illegal possession of ammunition.

They all pleaded not guilty. 

The Mihalik family may not be identified, and pictures of the defence and the prosecutor may not be published, for security reasons.

The trial continues. 


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