Fatal back shooting accidental, jury told

·2-min read

A Sydney man wearing latex gloves and a balaclava when shooting another man in the back, fired the gun unintentionally during a stressful situation, his lawyer has told a jury.

Marko Krivosic, 30, has pleaded not guilty to murdering George Nassif 46, in an apartment complex in Warwick Farm on July 22, 2018.

The Crown alleges the accused walked into the unlocked unit about 5.10pm and shouted "George, you dog" as he fired at the man and three others watching TV on a lounge.

"He then approached Mr Nassif and tried to pistol-whip and kick him as he was sliding down the sofa," crown prosecutor Michelle England said in her opening address on Monday.

Another man who'd arrived with Krivosic then said "Marko, c'mon bro, that's enough. Let's go", the Crown alleges.

"As he started to leave the unit, the accused pointed the gun at (the others) and threatened them not to say anything," Ms England said.

CCTV due to be played for the jury will show Krivosic and another man arriving at the unit, both wearing the hoods of their hoodies.

Krivosic is accused of unwrapping the gun in the lift, as he donned a balaclava.

"He knew he was about to commit a serious crime - that is to kill Mr Nassif or to inflict really serious harm," Ms England said.

The jury is expected to hear evidence that Mr Nassif arrived at the unit about 4pm, followed 25 minutes later by an acquaintance Andre Marques.

When Mr Nassif saw Mr Marques, he accused him of owing him money, throwing punches and then kicking Mr Marques after he fell to the ground.

A witness called Krivosic to tell him words to the effect of "come, as everyone is bashing Andre".

She also texted him to say she'd seen Mr Nassif kicking Mr Marques, the jury heard.

Barrister Nathan Steel said his client armed himself with a gun and arrived at the unit believing his friend needed help.

"Mr Krivosic's position is the discharge of the pistol was an accident," he told the jury.

"It was an unintentional, reflex action in a stressful situation."

When entering the unit, the accused wasn't aware Mr Marques had already left, Mr Steel said.

"He genuinely believed he needed to act in the defence of his friend at that time," he said.

The Crown alleges Krivosic went on the run after the shooting, initially paying a nearby resident $250 in cash to be let into their unit as he was "being chased by the coppers".

His girlfriend at the time then picked him up before they drove to Newcastle, Melbourne, Port Augusta and eventually Perth, where he was arrested on August 6, 2018.

The trial resumes on Tuesday.