Cape Town - Three men charged with assassinating well-known criminal lawyer Pete Mihalik pleaded not guilty in the Western Cape High Court.
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.
Mihalik was seated in his car when he was shot in the head during a routine drop off at the Reddam House School in Green Point on October 30, 2018. His daughter escaped unharmed but his son was wounded.
Biyela and Khumalo were arrested after they were pulled over by a traffic officer for failing to stop at a stop sign.
Traffic officer Boy Makutu, stationed at Gallows Hill Traffic Department, on Thursday took the stand, where he was questioned by State advocate Greg Wolmarans.
He said he pulled over a bright coloured Clio and a silver/grey Polo, just after 7am on the day of the incident, as he was on his way to training. He said the vehicles drove in procession over a stop sign in Green Point when he pursued them – the Clio in front and the Polo behind.
Following his instruction, both vehicles – carrying a driver and a passenger – pulled over and the occupants exited the vehicles. He then obtained the licences from both drivers and recorded their details. He said the Clio driver identified himself as Khumalo, while the Polo driver identified himself as Maliti.
Makuku said that when he returned to his own vehicle to get the ticket book, the Clio had disappeared but the driver he spoke to returned shortly after. He said Maliti and the passenger left in the Polo after he issued the ticket, leaving himself and Khumalo.
He explained to Khumalo that he needed the vehicle to return, so as to record the registration details, so Khumalo told him that he would call the passenger who had left with the vehicle.
The officer said Khumalo tried to bribe him, but he declined the offer. He said he again told Khumalo to call the passenger, who had still not returned with the Clio. He said he heard Khumalo asking the passenger over the phone to return but, when he failed to do so, Makutu decided to take him to Sea Point Police Station, where he would be detained.
He said when they arrived at Sea Point police station, he told the officer about what had transpired. Khumalo he said, had been cooperative throughout this process and wasn’t placed in handcuffs up until that point.
Shortly after their arrival, Makutu heard on his radio that there was a shooting in Green Point, prompting road closures. He then called his colleague and explained the scenario which brought him to Sea Point – that he had stopped two vehicles and brought in Khumalo. He said an hour had passed since the vehicles were stopped.
Makutu could not convey any details regarding what his colleague or the police told him, but he confirmed that Khumalo was later arrested.
“There was a detective coming from the scene, being called by the officer at the station, and Mr Khumalo was handed over to the police,” he said.
There was no cross-examination by the defence. The matter will resume in court on Monday.