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 the State is refusing to hand it over.
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 to the defence and was not prepared to hand over the video footage.
The three men accused of the hit on Mihalik appeared briefly and their bail application was postponed until 15 February.
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.
Mihalik, 50, was shot in the head at point-blank range on the morning of 31 October as he dropped his children off at their 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 car’s back seat, was not injured.
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”.
ANA