The three accused in the Pete Mihalik murder case - Sizwe Biyela, 26, Nkosinathi Khumalo, 31, and Vuyile Maliti - at an earlier appearance.
Cape Town - The murder of Cape Town lawyer Pete Mihalik in October last year was planned, and the suspect who shot him said in an affidavit, he was told he must kill a white man in a Mercedes-Benz.

The evidence emerged on Wednesday in the Cape Town Magistrate’s Court during the bail application of three accused men - Sizwe Sinsokohle Biyela, 26, Nkonsinathi Khumalo, 31 (both from KwaZulu-Natal) and Cape Town taxi owner Vuyile Maliti.

The three stand accused of gunning down Mihalik in broad daylight, while he was dropping off his children at Reddam House school in Green Point.

At the time of the horrific incident, Mihalik drove a Mercedes-Benz.

The gun was disposed of and never found by investigators.

The court heard the trio were in the Sea Point area a day prior to the murder to check it out.

They hired a silver-grey VW Polo from Avis Rental for two days and the silver-grey Renault Clio used in the execution of the hit.

State prosecutor Helena Booysen told the court the accused fled the scene at high speed but it was a traffic transgression (driving through a stop street) and the issuing of a fine that set the wheels for their arrests in motion.

Surveillance footage places the two cars in and around the scene the day before and on the day of the killing.

In their respective affidavits the trio say they would be pleading not guilty to charges of murder, attempted murder and the illegal possession of a firearm.

All three asked the court to release them on bail to continue financially supporting their families and children.

Maliti earns about R30 000 from his taxi business and has a house in Kraaifontein.

The accused argue further incarceration would place financial strain on their families.

But an affidavit by investigating officer Charl Kinnear, presented by State prosecutor Booysen to the court, linked the accused to the killing and their roles in the execution of the crime.

The State has asked the court not to grant the trio bail and the case has been postponed until May 10.

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