Pete Mihalik murder trial: Police officer says accused were not injured while in custody

Sizwe Biyela, Nkosinathi Khumalo and Vuyile Maliti were charged with five counts of murder, attempted murder, possession of an unlicensed firearm and unlawful possession of ammunition for their alleged involvement in Mihalik’s murder. Picture: Ayanda Ndamane/African News Agency (ANA)

Sizwe Biyela, Nkosinathi Khumalo and Vuyile Maliti were charged with five counts of murder, attempted murder, possession of an unlicensed firearm and unlawful possession of ammunition for their alleged involvement in Mihalik’s murder. Picture: Ayanda Ndamane/African News Agency (ANA)

Published Aug 16, 2022

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Cape Town - The credibility of a warning statement recorded by slain Anti-Gang Unit detective Charl Kinnear when he interviewed an accused in the murder of advocate Pete Mihalik came under the spotlight at the trial of Mihalik’s alleged killers.

The State attempted to validate the statement recorded by Kinnear during his interview with Nkosinathi Khumalo, one of the accused.

A police officer on duty while the accused were in custody at Cape Town Central police station also testified.

Khumalo, Sizwe Biyela and Vuyile Maliti are charged with the murder of criminal lawyer Mihalik, who was shot and killed while dropping off his two children at Reddam House School in Green Point on October 30, 2018.

The credibility of the statement was called into question after Khumalo claimed he was assaulted on three occasions after his arrest and was made to sign a document he had not had sight of.

Yesterday, police officer Virgil Ambrose testified based on the occurrence book from the police station – which records all interaction with detainees – that Khumalo and Biyela were not removed from the police station from October 30, 2018 until they were to attend court on November 1.

State advocate Greg Wolmarans asked Ambrose: “It would appear that Mr Khumalo and Mr Biyela arrived at the Cape Town Police Station, according to this register, on October 30, 2018, at 6.30 in the evening. That is where they remained until they left Cape Town Central police station for the magistrate’s court on November 1, 2018 at 7.50 in the morning, on the face of this document. Do you agree with that?”

He replied: “Yes, that is correct.” Ambrose testified that in the event of a suspect being removed from the cells, it would be recorded in the occurrence book. He said if a suspect showed signs of injury, the detective assigned would take that person for treatment. He said it had not been necessary in this case as he had received no complaints of injuries while he had been checking up on the detainees.

Reading from the original occurrence book, Ambrose said Biyela and Khumalo were charged by Kinnear for murder on November 1, at 4.15am, and the entries made during regular check-ups showed “no complaints or injuries” by the suspects.

Last week, Nkosinathi, through his lawyer, advocate Pieter Nel, disputed the statement recorded by Kinnear. He said he was assaulted by the police three times on October 30, and was taken to a house in a location unknown to him, where he was handcuffed and his head dunked under water.

Advocate Nel said: “A statement with unknown contents was put in front of him by the investigating officer, and without reading the statement to the accused, he said the accused must sign. He signed the statement without knowing the content and without giving any information to the police, and the main reason is that he was so afraid to be assaulted again.”

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Cape Argus