Cape Town - The man accused of being the getaway driver in the murder of advocate Pete Mihalik has testified in his own defence.
Nkosinathi Khumalo, Sizwe Biyela and Vuyile Maliti appeared in the Western Cape High Court charged with the murder of Mihalik who was shot dead in front of his children while driving them to school in Green Point on October 2018.
Khumalo was being cross-examined by State advocate Greg Wolmarans.
Wolmarans asked Khumalo about the details regarding the alleged torture he endured when he was being driven around the city by police escort to track down Maliti. Khumalo previously testified that he was beaten up by police and forced to sign a statement.
Through his lawyer, advocate Pieter Nel, Khumalo said he recognised one of the men who was part of the group of “police officers” dressed in civilian clothing during the trial.
Wolmarans asked him if the person he recognised was Tshabalala or another police officer he identified as being tall with spectacles on. Khumalo said Tshabalala rescued him from seven police officers who tortured him.
“He was the one who rescued me… he told them to leave me … he took me inside the car that he was driving … He is the one who stopped them.”
When Wolmarans later asked him if he conveyed these details to Nel, he said: “What I told my attorney is that he was part of the ones who assaulted me at the police station.”
Wolmarans then asked him, “So sometimes he is the bad guy and sometimes he is the good guy?”
Khumalo responded, “the bad guy because while I was crying, I was calling his name to rescue me”.
He denied seeing Biyela at Cape Town Central police station when they were arrested.