The man whose brother was hired to shoot dead Sydney businessman Michael McGurk hadn't alerted police to the murder plot out of "stupid loyalty" to his older sibling, a court has heard.
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Lawyers for Bassam Safetli, 50, told the Downing Centre District Court he hadn't believed his brother Hassaim Safetli was capable of the killing and hoped the plot would "fizzle out".
McGurk, 45, was gunned down as he got out of his Mercedes in the driveway of his Cremorne home on the evening of September 3 in 2009.
Bassam Safetli pleaded guilty to concealing the murder and the conspiracy behind it for not telling authorities he had been aware of the plan until police approached him a year later.
He told prosecutors who questioned why he hadn't raised an alarm earlier that he "didn't think [Hassaim] was capable of that".
"Because he's my older brother. Out of stupid loyalty I guess.
"It's made me sick in the stomach ever since I found out about the murder. If I could take it back, I would. But I can't."
Wealthy property developer Ron Medich was last month found guilty of ordering the execution and later intimidating McGurk's widow, Kimberley.
The NSW Supreme Court jury found Medich’s right-hand man Fortunato “Lucky” Gattellari told the truth when he claimed Medich was “the big boss” who arranged and paid for McGurk's murder.
Gattellari subcontracted Haissam Safetli, then 45, and Christopher “The Kid” Estephan, 19, for the killing, and the pair had waited outside for McGurk to arrive home the night he died.
McGurk was shot in the head when he got home with his nine-year-old son and chicken and chips for dinner at 6.25pm.
At 8.03pm, Gattellari’s driver received a text from Bassam Safetli, sent at the request of Hassaim, saying: “Job’s done.”
Police have never proved who fired the fatal shot.
Hassaim Safetli, who said “The Kid” was the shooter, was sentenced to a minimum of seven years for his role in the murder. He was released in November 2017.
Bassam Safetli told the court on Monday he became aware of a dispute between Medich and McGurk over money when his brother had asked him to take part in surveillance of McGurk.
He couldn't recall when he found out there was a plan afoot to kill McGurk but remembered his brother telling him "someone was meant to do what was done".
"My brother at that stage as police know, as the courts know, was unhinged at the time, mentally unhinged."
Crown prosecutor Michael Barr described Safetli's evidence as "self-serving" and argued he should spend time behind bars for "an offence of doing nothing".
But defence barrister Sean Grant said Safetli's disbelief his brother would bring the plan to fruition, and his sense of misguided loyalty after the shooting, lessened his moral culpability.
Mr Grant argued Safetli should be handed a good behaviour order, noting the delay in the case.
"This man has continued to live a blameless life while he has supported his parents, his mother, his nephew."
Judge Robyn Tupman questioned why Safetli should go to jail given the delay, saying there was "absolutely no reason before the court as to why it took four years to charge this man".
"The fact of the matter is, these offences are stale. He has led his life since with this hanging over his head."
Safetli will be sentenced on Wednesday.
