Lawyers for accused murderer Danny Klobucar say there is "absolutely undeniable" evidence of his mental impairment, while arguing a credible theory exists to explain his innocence of the fatal bashing of Canberra grandfather Miodrag Gajic.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Klobucar, 26, stands accused of bashing Mr Gajic, 71, to death in his Phillip unit on the morning of New Year's Day 2014.
It is alleged he used a weapon, likely a pole or bat, to inflict eight to 10 blows to Mr Gajic's head.
The motive, the Crown alleges, was Klobucar's obsession with paedophiles, and tendency to believe those older than him were child molesters.
The pair had met for the first time two days before the killing, and Klobucar noticed Mr Gajic's Nissan Micra, remarking that the older man must be a paedophile and may have images of him from his childhood.
The Crown is relying on, among other things, bloody footprints matching Klobucar's Puma shoes, a spot of Mr Gajic's blood found on Klobucar's left shoe, a timeline that they say places the accused in the unit at the time of the killing, and call records showing he used the dead man's phone to call a relative and former housemate when he left the unit.
Klobucar's defence relies on two main arguments; a denial that he was the killer, and that he was mentally impaired if the jury finds otherwise.
Three psychiatrists, including one engaged by the Crown, found Klobucar was suffering a mental impairment that meant he was unable to properly understand his actions were wrong.
His barrister John Purnell, SC, said the evidence of Klobucar's mental impairment, a defence to murder, and diminished responsibility, a partial defence to murder, was overwhelming.
"It's all one way. It's overwhelming," he told the jury during his closing address on Tuesday.
"This young man was mentally impaired before the 1st of January, on the 1st of January, and after the 1st of January."
"He was suffering from paranoid schizophrenia."
Mr Purnell told the jury they would be acting "capriciously" if their findings were at odds with the expert evidence on mental impairment.
He went on to argue the Crown had not proved that Klobucar was the killer beyond reasonable doubt.
Mr Purnell said there was an alternative hypothesis consistent with Klobucar's innocence.
Klobucar argues that he arrived at the unit after the older man was already dead, and walked through the home, grabbing the mobile with the intention of contacting the police.
Mr Purnell said that would explain the bloody footprints in the unit, and the splash of blood on the left shoe.
He questioned why Mr Gajic, who was well-known to be hyper-vigilant about his security, would let Klobucar into the home, particularly given they'd only met once before, and that the accused was likely exhibiting symptoms of mental illness.
"It's a prepostorous suggestion that Mr Gajic, with his secure approach to life, would have let him in."
Mr Purnell said there were five other individuals seen at or near the scene who could have been responsible for the killing.
He also questioned why no blood or trace of Mr Gajic's DNA had been found on Klobucar's clothing, particularly when the Crown was alleging Klobucar stomped the man's head, or in the accused's car.
The trial will continue before Justice Hilary Penfold on Wednesday.
