Three men accused of the “premeditated” murder of Cape Town lawyer Pete Mihalik are expected to apply for bail next month, it emerged in the Cape Town Magistrate’s Court on Thursday.
The court also heard that Sizwe Sinzokohle Biyela, 26, wanted a separate attorney from his co-accused Nkosinathi Khumalo, 31.
We reported that this was because they had “conflicting interests”.
According to the charge sheet, they are both from Umlazi in Kwazulu-Natal.
Vuyile Maliti, 35, is the third accused in the matter and he lives in Kuils River.
They are to remain in custody at separate prisons until their bail hearing on December 13.
Mihalik was shot dead at close range in his vehicle as he was dropping off his children at a school in Green Point at the end of last month.
His 8-year-old son was injured in the incident. His teenage daughter was also in the car, but was unharmed.
It is understood that Maliti owns a taxi business in the Khayelitsha area. He handed himself over to police after his co-accused were arrested.
The men are accused of murder, attempted murder, possession of an unlicensed firearm and possession of ammunition.
On the murder count, the State alleges that “Peter Frederich Mihalik” was shot in the head and that the murder was committed in furtherance of a common purpose or conspiracy.
It says his son, who cannot be named because he is a minor, was injured in the face/head. The attempted murder charge did not have a common purpose clause attached to it.
The accused were allegedly in possession of a 9mm firearm, “the further details of which are unknown to the State” and an unknown number of 9mm calibre rounds.
The firearm has apparently not been found yet.