Bail application of the three men -Sizwe Biyela, 26, Nkosinathi Khumalo, 31, and Vuyile Maliti - accused of murdering Cape Town lawyer Pete Mihalik was delayed after the state presented new evidence on his death. File Picture.

Cape Town - New evidence presented in the bail application of the three men accused of murdering Cape Town lawyer Pete Mihalik indicates that a total of 84 calls were made between the alleged killers the day before and on the day the murder was carried out.

Evidence submitted by state prosecutor Helene Booysen in the Cape Town Magistrate’s Court on Friday contained a second affidavit compiled by investigating officer Charl Kinnear of the anti-gang unit. 

The state has alleged the three accused, Zizwe Biyela, Nkosonathi Khumalo and Vuyile Maliti murdered Mihalik in broad daylight in Green Point on October 30 last year. 

CCTV camera footage showed two shots being fired through the window of Mihalik’s luxury SUV at Reddam House in Green Point. Mihalik’s son was injured during the shooting, but his daughter escaped unscathed.

The state claimed that Biyela and Khumalo were brought to Cape Town from KwaZulu-Natal to carry out the hit, apparently ordered by Maliti, and was opposing bail. 

Kinnear’s investigation into the murder revealed that a tracker in a car hired by one of the accused put it near the scene on the day of the murder. 

Based on these fresh revelations, magistrate Greg Jacobs postponed the matter to June 25 to allow legal representatives for the accused to review the new evidence.

The investigating officer in his affidavit said: “During the investigation it was ascertained that Vuyili Maliti gave his cellphone number as a contact to a financial institution. This was the same number that was constantly calling Biyela and Khumalo before and after the commission of the offence.

“I have now ascertained that Maliti rented a Volkswagen Polo with registration number CA 247315 from Avis Cape Town International Airport. The vehicle was rented on October 27, 2018, to be returned on October 31.”

Kinnear’s investigation also revealed that the tracker report for the vehicle showed that on October 29 at 7.44am, the vehicle was at the corner of Upper Portswood and Main Road and on October 30 at 07.13am, it was at De Smit and Somerset Road, Green Point, which was in the vicinity of the crime scene.

At 07.42am, the car was spotted at Somerset Road and Ebenezer Street, Green Point, where the vehicle was pulled over by traffic officer Boy Makutu minutes after the murder. 

Booysen said that neither Biyela nor Khumalo’s addresses in KZN could be verified for bail.


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Cape Argus