CAPE TOWN - The defence lawyer for one of the men accused of murdering top advocate Pete Mihalik has requested access to video footage that captured the shooter and getaway car.
But, State advocate Helene Booysen told the Cape Town Magistrate's Court on Thursday that she had provided Vuyile Maliti's warning statement and the charge sheet and was not prepared to hand over the video footage.
The three men accused of the hit on Mihalik appeared briefly in the Cape Town Magistrate's Court where their bail application was postponed until next year February 15.
Sizwe Sinzokohle Biyela, 26, Nkosinathi Khumalo, 31, from Kwazulu-Natal, and taxi business owner Maliti, 35, are being kept in different prisons for their own safety, and this caused a lengthy delay as prison officials failed to get them to court on time.
Unlike their previous court appearances, in which they were placed on the court roll first, they were only brought to court shortly before the lunch adjournment.
Mihalik, 50, was shot in the head at point-blank range on the morning of October 31 as he dropped his children off at their private Reddam House school in Green Point.
Mihalik's eight-year-old son sustained a gunshot wound to his jaw, but has since recovered. The advocate's teenage daughter, 17, who was in the back seat, was not injured.
The gunman fired a shot through the driver's window of Mihalik's Mercedes-Benz although neighbours reported hearing two gunshots.
The state believes the murder was premeditated. In the charge sheet, the state alleges that the accused intentionally killed Mihalik by shooting him in the head with a firearm and that the offence "was committed by a person, group of persons, or syndicate acting in the execution or furtherance of a common purpose or conspiracy".
In the attempted murder charge, the state alleged that the accused intentionally attempted to kill Mihalik's son by "shooting him in the face/head with a firearm and thereby inflicting serious and potentially life-threatening injuries".
The third and fourth charges relate to the accused's alleged possession of a 9mm unlicensed firearm and ammunition.