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)
Cape Town - Three men accused of killing lawyer Pete Mihalik appeared in the Western Cape High Court as their trial continues.
Vuyile Maliti was still in the witness box as he defended his “not guilty” plea. The Khayelitsha man was under cross-examination by State advocate Greg Wolmarans.
Maliti, Sizwe Biyela and Nkosinathi Khumalo are charged with five counts including the murder of Mihalik on October 30, 2018, attempted murder, and unlawful possession of a firearm and ammunition.
Using a map with geographic tags in Green Point, where the shooting happened almost five years ago, Wolmarans pinned down Maliti’s approximate location on October 29 and 30 using his cellphone records.
Maliti agreed that the murder scene was only a kilometre away from where he parked his vehicle the morning Mihalik was killed. Maliti testified that he had set up a meeting between Biyela, Khumalo and a buyer for Krugerrands but when they disagreed on the price they parted ways.
Wolmarans showed the cellphone tower located in York Street was only 150m away from the murder scene, to which Maliti replied, “Yes, I can see that.”
Wolmarans then said: “While you were in the SPAR parking lot with four other towers around you it was the tower a kilometre away in York Street, near the crime scene, that picked up your activity … Is that what you want us to believe?”
Maliti’s lawyer objected, saying: “Regardless of where the four towers are and the fifth is, without knowing how far those towers pick up, what the ranges are, one cannot … answer why one specific tower rather than another one picked him up.”
Acting Judge Constance Nziweni overruled the objection saying the context of the question was “fair”.
Maliti further testified that he was unaware that his co-accused had been communicating with a certain number which he identified as belonging to a “Mohamed”.
Maliti said he introduced the buyer, “Mohamed” – someone he has known for eight years – to Biyela and Khumalo.
Advocate Wolmarans said the number had been used by his co-accused; they had been communicating before and after the meeting but Maliti said he had no knowledge of this.
“They showed no indication of knowing each other,” he said.
rafieka.williams@inl.co.za
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