If a Queanbeyan man who allegedly sold the rifle used to kill Colin Winchester had been loyal or fearful of the killer, why did he search for and deliver spent cartridges cases to the police?
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This is a question defence counsel George Georgiou, SC, asked jurors as part of his closing submissions in David Eastman’s murder trial on Monday.
Mr Eastman has pleaded not guilty to the murder of the then ACT police chief, Mr Winchester, on January 10, 1989.
The Australian Federal Police Assistant Commissioner was killed by two shots at close range as he sat in his car after he had pulled into his neighbour's driveway about 9.15pm.
A firearms expert gave evidence in August that two cartridges found at the murder scene matched those found in Victoria and Captains Flat.
The evidence linked the murder to a Ruger 10/22 purchased and then sold on by Queanbeyan gun seller Louis Klarenbeek.
Prosecutors say the murder weapon was the same Ruger 10/22 Mr Klarenbeek allegedly sold to Mr Eastman for $250 on January 1, 1989.
Mr Klarenbeek, now deceased, failed to identify Mr Eastman as the buyer when presented with a photoboard of images, telling investigators the only time he had seen the defendant was on the news.
However, the court has heard that when police had left his Queanbeyan home, Mr Klarenbeek allegedly told his wife, Joanna, that he saw a man who "could be the murderer" among the photographs.
Mrs Klarenbeek said her husband had not wanted to "betray" the buyer by telling police.
On Monday, Mr Georgiou questioned why Mr Klarenbeek would then search for cartridges and hand them to police.
The silk said "common sense" would suggest that a person acting out of fear or loyalty would not assist the police with the cartridges because to do so would help lead them to the buyer.
"If [Mr Klarenbeek] was loyal to anyone it wasn't David Eastman," he said.
Unfortunately, the Klarenbeeks were both deceased and the court had to hear their evidence via documents.
Mr Georgiou said the current trial did now know enough about the couple to gauge their evidence.
"If ever you needed to hear from witnesses, we submit, it was the witnesses Mr and Mrs Klarenbeek."
Mr Georgiou also cast doubt on the evidence of Raymond Webb, who claimed he had seen Mr Eastman going into the Klarenbeek home.
Mr Webb approached police about the Ruger he had seen for sale at Louis Klarenbeek's home in Queanbeyan on December 31, 1988.
At first, Mr Webb told police he had seen no one else during his trip to buy a gun, however, nearly four years later, in 1992, he told police he had seen Mr Eastman entering the Klarenbeek home as he was leaving.
He then picked Mr Eastman's image from a photoboard.
While giving evidence in July, Mr Webb admitted he had lied to police and later under oath at a coronial inquest when he said he had not seen anyone else at the Klarenbeek home.
"The moment you know that about Mr Webb, on our submission, you need to scrutinise his evidence very, very heavily," Mr Georgiou said.
The trial continues.
