Vic cop on trial for murdering driver

Jacqueline Le

A Victorian policeman who shot dead a motorist after pulling him over allegedly planted a knife near the victim and lied to investigators.

Former Leading Senior Constable Timothy Baker is standing trial in the Victorian Supreme Court accused of murdering Vlado Micetic in August 2013 at Windsor.

Mr Micetic, 46, died after he was shot three times - once in the chest, another in his buttocks, and once in his left hand.

"I was in fear that I was about to be stabbed," Baker said in a statement he provided to police eight months after the shooting.

"I believe I had no other alternative other than to shoot.

"At the time I did so, I was acting in self-defence."

The highway patrol officer says Mr Micetic became argumentative about the stolen plates on his car.

"I asked you why you're driving around with dodgy plates on your car," Baker can be heard saying in an audio recording played to the jury.

The officer then asks the 46-year-old to get out of the car.

A struggle between the pair ensued, which Baker described as a "push and shove" fight.

"We wrestled and I saw a knife, then I pulled my gun," Baker later told police.

"He didn't say anything, he just had a crazed look in his eyes. I thought I was going to be stabbed."

Prosecutor Andrew Tinney SC has accused Baker of lying.

"Many propositions contained in that statement are false and not supported by objective evidence," Mr Tinney said.

The sound of a flick knife being opened can be heard on the audio after the three shots are fired, the prosecutor noted.

It's alleged Baker planted the knife to cover up his "spur of the moment crime".

"The accused took the knife to the scene and then planted the knife at the shooting in an attempt to avoid responsibility for the unlawful killing," Mr Tinney said.

A pathologist who conducted an autopsy on the slain man said he "would not be surprised that the firearm was touching Mr Micetic", the court was told.

Defence lawyers are due to make an opening statement on Tuesday.