Cape Town - Another police officer was called to the stand to refute allegations of police brutality brought by Nkosinathi Khumalo, one of the accused in the murder of advocate Pete Mihalik.
The State has alleged that Sizwe Biyela, Nkosinathi Khumalo and Vuyile Maliti orchestrated a hit on the lawyer who was shot while seated inside his car at the corner of Cavalcade and Thornhill Roads in Green Point during a routine school drop.
So far the State has handed in a number of exhibits as evidence, including a video the State has relied on in identifying Biyela as the shooter.
The video shows a man waiting on the corner before Mihalik arrives, approaching the right side of his vehicle, pointing an object at the window and then walking away speedily while putting the object in a small black satchel.
A supposed confession by Biyela is yet to be aired in court, while a statement by Khumalo recorded by slain detective Charl Kinnear has been scrutinised due to Khumalo’s claims that he had no knowledge of its contents and was forced to sign it.
He claims he didn’t know what was written in the document but was forced to sign after he was tortured by police on three different occasions while in custody.
Yesterday, Abigail Smith who was stationed at Sea Point Police Station on October 30, 2018, said Khumalo was not placed in any cell at the station.
This follows traffic officer Boy Makutu’s testimony that Khumalo was taken to Sea Point SAPS after Makutu escorted him there – an hour after Khumalo was pulled off by Makutu, between 7am and 8am.
“There was a detective coming from the scene, being called by the officer at the station, and Mr Khumalo was handed over to police,” Makutu said.
Previous evidence led by the State indicated that Khumalo and Biyela were detained at the Cape Town Central Police Station after 6pm that day.
Khumalo’s lawyer, advocate Pieter Nel, tried to establish that if Khumalo had been beaten up outside the police station, Smith would not know about it. She said no entry was made in the Sea Point Police Station occurrence book with Khumalo’s details; therefore he was not detained at that station.
Khumalo claimed he had been held at “Green Point Police Station” and beaten up but Smith said this station does not exist. Advocate Nel asked the court to excuse the mistake as both he and Khumalo are not from Cape Town.