Warilla sports trainer 'actively involved' in murder, prosecutor argues

Stephen Staff, 67, faced the seventh day of his Supreme Court trial in Wollongong on Wednesday, during which lawyers delivered their closing addresses.

Staff has pleaded not guilty to murdering Mr Davis, 31, at his 7 Thomas Street, Lake Illawarra home on August 21, 2021.

The jury must also consider manslaughter as an alternative.

The Crown case is that Staff and two other men, who have been named throughout the trial as Kevin 'KJ' Lightowlers and Lindsey Cochran, went to Mr Davis' home with a plan to assault him, intending to cause death or grievous bodily harm.

Mr Lightowlers and Mr Cochran have not been charged and the Mercury does not suggest they are guilty.

A friend found Mr Davis dead inside his home two days after he was allegedly killed.

A post-mortem revealed Mr Davis suffered significant blunt force trauma to his face, a ligature mark on his neck, and a fractured vertebrae.

During the trial, the jury heard Mr Davis played online poker and managed a myriad of health conditions, including asthma, diabetes, and osteoporosis. He possibly owed a debt at the time of his death.

Staff was heard in a phone call saying he showed his daughter's partner KJ where Mr Davis lived and that he walked in the opposite direction while the other two men walked inside Mr Davis' home on August 21.

"I said I'll show ya where he lives ... so that's what I'd done," Staff was heard saying in a recorded jail call to his then girlfriend in July 2022.

"He just did what he's always done, just gives blokes a touch up ... over money.

"I didn't know he (Mr Davis) was an unwell man ... I would've said leave him be."

He initially lied to police by saying he never went inside Mr Davis' home, but later admitted that he had, but said only after the other men had left.

Staff was heard telling his sister the reason his DNA was found under Mr Davis' fingernails was because "I tried to help that guy" by checking his pulse.

Staff's sister asked whether KJ had threatened him, to which Staff replied, "I thought down at Shellharbour he was going to blow me away".

In his closing address, defence barrister Tony Evers said these phone calls were consistent with "feeling scared" of KJ - who he said was a "much larger man".

Mr Evers urged the jury to not cast their judgement on Staff for not calling the police after he found Mr Davis seriously injured.

"He would have had to hope police would believe he was not the one that caused those injuries," Mr Evers said.

He said DNA evidence was incapable of proving Staff was involved in assaulting Mr Davis as a forensic biologist told the jury DNA does not always transfer by direct touch, and can also transfer through one object touching another.

Mr Evers said there were too many gaps in the Crown case, adding there was no evidence someone had cleaned up the crime scene.

Crown prosecutor Nerissa Keay told the jury they could draw rational inferences from the evidence that Staff was "actively involved in the attack on Mr Davis".

She said Staff held Mr Davis by the Oodie, causing neck compression.

Ms Keay said the ligature mark accompanied by a fingernail mark on Mr Davis' neck is consistent with this, and that Mr Davis used his hands to grapple with the garment or the person holding him.

She said the assault involved repeated blows to Mr Davis' face and neck with such force his face was fractured, and his head rotated, causing a brain injury.

CCTV footage showed Staff's Holden Rodeo drove passed Mr Davis' home five times on August 21 before Mr Davis died, Ms Keay said.

That same ute parked in a nearby street that evening with a sedan parking behind, as Staff and two men got out and walked towards Thomas Street.

Mr Evers is set to finish delivering his closing address on Thursday.