Sydney man jailed for supplying murder gun

·2-min read

A Sydney man who supplied the loaded Glock pistol used to kill a footballer during a "drug rip" home invasion has been jailed for more than a decade.

While accepting that Cem Batak didn't intend that anyone would be shot, the judge was satisfied he knew of the potential consequences.

The provision of a loaded self-loading pistol for use in a "drug-rip" style home invasion armed robbery "constitutes criminality of a high order," Justice Robert Allan Hulme said on Friday.

Batak, 30, was found guilty of being an accessory before the fact to the murder of John Odisho and to the attempted robbery of Sargon Odisho of drugs and money while armed with a dangerous weapon.

In the NSW Supreme Court on Friday, the judge jailed him for 14 years with a non-parole period of 10 years and six months.

On Thursday, he jailed Batak's friend, Cengiz Coskun for 34 years with a non-parole period of 25 years and six months.

He was found guilty of murdering the 25-year-old Parramatta Eagles FC soccer player, and of attempted robbery of his drug-dealer flatmate with a dangerous weapon

Coskun and an unknown intruder climbed over a balcony about 3.45am on April 2, 2019, to enter the victims' first-floor apartment in Sydney's Five Dock.

Despite his denial, the judge found Coskun was the intruder who shot Mr Odisho in the head during the shoot-out in which his flatmate Sargon Odisho was shot in the arm.

Despite the common surname, they were not direct relatives.

At the time of the offence Sargon Odisho possessed more than two kilograms of pure cocaine, worth about $500,000, other drugs and firearms.

As well as the Glock pistol, the jury found Batak provided Coskun with a yellow high-visibility work shirt worn during the home invasion.

Batak had enhanced the firepower of the weapon by providing it with an "extended clip".

"The fact that the target was a drug dealer, and the intended proceeds were drugs and/or money, meant that there was a significant possibility of resistance," the judge said.

"In that event, there was a strong possibility that the pistol could be discharged, the consequences of which could be fatal.

"I am satisfied beyond reasonable doubt that Mr Batak was aware of these potential consequences.

"His covertly recorded conversations in the weeks and months that followed betray that awareness."

During the bungled robbery, the unknown intruder pointed a silver gun at the head of John Odisho's girlfriend Larissa Mitchell-Wiszniewski.

Batak, who has no previous convictions, was operating a truck driving business at the time he supplied the gun.

"I accept that Mr Batak is regretful to some extent," the judge said.

"How much of it is a genuine emotion arising from the death of John Odisho as opposed to concern about the predicament Mr Batak finds himself in is difficult to know."