Cape Town - The trial of the three men accused of killing lawyer Pete Mihalik continued in the Western Cape High Court in a courtroom without air-conditioning that had everyone hot under the collar.
Sizwe Biyela, Nkosinathi Khumalo and Vuyile Maliti pleaded not guilty in May 2022 and are 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 on October 30, 2018.
The State has closed its case, with the defence given the floor to proffer their version of events.
Biyela, identified as the alleged shooter, was cross-examined by State advocate Greg Wolmarans.
Biyela said he did not have the “knowledge” that he was able to call his girlfriend, who he named as an alibi at the time of his arrest, just hours after Mihalik was shot dead outside Reddam House school in Green Point.
He said his “girlfriend” would have been able to vouch for him, but he didn’t know he was able to contact her.
When advocate Wolmarans asked him why he didn’t say it explicitly at the magistrate’s court when he was arrested that his girlfriend could verify his alibi, he said: “I wasn’t asked the question.”
Wolmarans said: “But this was the best weapon for you to get your freedom, why not tell the court?”
Biyela answered: “Because I did not have the knowledge, and I did not use any means because my phone was not with me.”
He said his communication with his “girlfriend” was consistent when he travelled from KwaZulu-Natal to the Western Cape and eventually ending up at Ilitha Park police station, but he didn’t phone her.
Biyela kept to his reasoning that Maliti persuaded him to come to Cape Town for a sale.
As Wolmarans insisted on specifics, Biyela said he earned between R30 000 and R40 000 a month in 2015 trading gold for cash. He said things went awry in 2018 when he was supposed to get a once-off R200 000 payment but was arrested.
Biyela said he would sell and buy gold in his home town.
He said his business started out as buying and selling jewellery and later he was introduced to “Lucas”, who gave him access to Krugerrands, but when Wolmarans asked him to describe what a Krugerrand looked like, he said: “I don’t know how he wants me to describe gold coins”.
As Biyela struggled to describe the Krugerrands, Wolmarans said, “It’s clear you know nothing of Krugerrands”.
In the end Wolmarans said: “You are sinking Mr Biyela”, as Biyela blamed his attorney at the time of his arrest for not explaining his rights.
“I don’t know because I was told the attorney would take the slip and do what needed to be done,” Biyela said.