Milan Urlich’s claims that his alleged victim came at him with a knife were invented after hearing evidence during his murder trial, a prosecutor has argued.
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Shane Drumgold, ACT deputy director of public prosecutions, told the ACT Supreme Court on Wednesday that such an act of aggression would have been out of character for Andrew Carville and contrary to all evidence.
But defence barrister, James Lawton, asked jurors to consider why Milan Urlich would want to kill Mr Carville as there had been no history of animosity or bad blood between the pair.
Milan Urlich, 30, is on trial accused of murdering Mr Carville on November 4, 2015.
He admits he caused Mr Carville's death, but he has pleaded not guilty to murder.
His brother Marc Urlich, 45, who is also on trial, has pleaded not guilty to helping to move and hide the body.
Milan Urlich told the court, from the witness stand, that he had put Mr Carville in a choke hold after the deceased came at him with a knife.
He said he had held Mr Carville, 52, until he dropped the knife, only to discover he was dead.
The court heard Milan Urlich had then wrapped Mr Carville's body in a rug, put it on his ute, and later dumped the vehicle in the paddock of a Sutton property.
He fled to his brother’s home in Victorian.
It is alleged the brothers returned to Canberra the following week to move Mr Carville's body from the paddock and hiding it under a number of heavy boulders.
The ute was then dumped at Molonglo Gorge, in Kowen Pine Forest.
Milan Urlich told jurors he had acted alone.
Mr Carville's badly decomposed body was found by police in a dry creek bed in Majura on November 19.
The cause of death could not be determined, but the court has heard that Mr Carville had suffered rib fractures and injuries to his neck consistent with strangulation.
A knife was found tucked into Mr Carville's pants.
In closing submissions, the prosecution alleged animosity between Milan Urlich and Mr Carville.
Mr Drumgold pointed to evidence from the autopsy that showed Mr Carville had suffered a fracture to a hyoid bone and thyroid cartilage in his neck, which could have been caused by a "pincer movement" of a hand around his throat.
He said this evidence demonstrated that a choke hold in self-defence could not have occurred.
The senior prosecutor said the weight of the rocks to conceal Mr Carville's body, and the timing involved, showed Milan Urlich had not acted alone.
Mr Drumgold said the question is who had helped him and that the evidence pointed towards Marc Urlich.
Mr Lawton said the prosecution had provided no explanation for the killing and it was clear his client had displayed no signs of planning or foresight.
The barrister said it was plausible that Mr Carville had heard Milan Urlich enter his house and decided to approach him, taking a knife with him.
Marc Urlich's barrister, James Sabharwal, said there was no evidence to show his client had helped move the body, other than being in Canberra at the time.
"How strong do you want the evidence to be in Marc Urlich’s favour?" he said.
Justice John Burns told jurors he would give final directions on Thursday morning.
