Alleged middle man in Pete Mihalik murder slams 'false case'
Vuyile Maliti, 35, has, instead, accused the investigating officer of trying to build a false case against him.
Maliti, along with Sizwe Biyela, 26, and Nkosinathi Khumalo, 31, face charges of premeditated murder, attempted murder, and unlawful possession of a firearm and ammunition, relating to the apparent hit on Mihalik.
The police Anti-Gang Unit escorted the three men into the Cape Town Magistrate’s Court yesterday.
State prosecutor Helene Booysen read into evidence an affidavit by investigating officer Lieutenant-Colonel Charl Kinnear, that Maliti’s cellphone data had placed him near the murder scene.
The affidavit read: “From the details that were derived from the subpoena, it was revealed that the cellular number of Maliti was indeed in the vicinity of the crime scene in Green Point on October 30, 2018.
"It can also be derived that the cellular numbers for Biyela and Khumalo were also in the vicinity of the crime scene.”
Maliti had turned himself over to police in November, while the other two accused, from KwaZulu-Natal, were arrested shortly after the murder.
Mihalik was shot dead as he dropped off his children at their school in Green Point on October 30.
His 8-year-old son sustained a gunshot wound to his jaw, while his daughter, 17, was not injured as she sat in the back seat.
Identified as the alleged “middle man”, Maliti has been accused of arranging for his two co-accused to take the “hit” on behalf of crime bosses.
He is alleged to have received R500 000 for his services, while the co-accused each received R250 000.
Maliti’s lawyer, Jannie Kruger, submitted his client’s affidavit, where Maliti denied any involvement in the murder of Mihalik.
Maliti also denied accompanying his two co-accused on October 29 and 30 in a silver VW Polo.
Maliti’s affidavit read: “He (Kinnear) indicated that information revealed that the shooter jumped into a grey VW, which makes his evidence confusing.
"I supplied the police with a cell number, which was the only one I could remember, and I had used two years ago, and was in Strand - after being confiscated by police.
"The investigating officer then establishes that I used this number on the dates of the murder, but this is a blatant lie, and he is committing perjury and misleading the honourable court.”
Kruger read further that the tail lights identified by police did not match Maliti’s vehicle model, nor did the colour, as Maliti charged his vehicle was light grey, while the one captured on video was grey.
Magistrate Greg Jacobs postponed proceedings until July 29 for opposing arguments. The suspects will remain in custody.