“He is the only awaiting-trial prisoner kept in Drakenstein,” said Jansen. “I would like to bring an application to bring my client closer. He is being kept in isolation.”
The court had scheduled the hearing of the application for December 4 but prosecutor Helena Booysen said Kinnear did not have a problem with Maliti being moved.
“[Col] Kinnear says he has no problem with the accused being kept in Goodwood prison,” said Booysen. The court then ordered that he should be moved.
The matter was postponed to February 28 for Legal Aid to appoint lawyers for Biyela and Khumalo. The date for the trial is yet to be set.
Each of the three men face a murder charge, a charge for possession of an illegal firearm and ammunition and two attempted murder charges.
The prominent advocate was shot in the head in Green Point in October last year while dropping his daughter at school. According to the indictment, Mihalik’s minor son was injured during the shooting.
“The three accused, accompanied by a fourth person whose identity is not known to the state, dropped [Biyela] off at the corners of Thornhill and Cavalcade Roads the morning of October 29 2018, a few minutes before the deceased arrived in his vehicle, accompanied by his two minor children,” the indictment reads.