An intercepted phone call in which a Mangerton prison inmate allegedly arranged to kill a future Crown witness is proof the man had a murderous secret to cover up, a court has heard.
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The recording captures accused killer Mark Jenkin expressing concern the woman would “turn Crown [witness]” against him.
He orders his alleged co-conspirator to deliver a lethal "hot shot" (drug overdose). "Just give her a f-ckin hot one bro ... snuggle up next to her give her a f-ckin big one".
Jenkin is accused of strongarming Mangerton pensioner Mark Dower for his money, detaining him and carrying out several assaults – at least one of them fatal.
The Crown alleges the woman helped Jenkin dispose of Mr Dower’s body, which police found stashed inside a laundry at a Crana Place public housing complex on April 16, 2015.
In court on Tuesday, Crown prosecutor Michael Fox called on Justice Peter Hamill to see the recorded conversation as proof Jenkin murdered Mr Dower.
“[The woman] was the only one who had seen the deceased dead in [Jenkin’s] unit,” he said.
“It’s important regarding consciousness of guilt that Mr Jenkin wanted to kill [her] well before he was charged with murder.
“The only rational conclusion the court can come to is that he was aware her evidence would implicate him in the homicide.
“He wanted her dead. He wanted to make sure this matter didn’t get to court.”
The Crown needs to prove that Jenkin intended to cause Mr Dower grievous bodily harm when he delivered the blow, or blows, that killed him.
Elsewhere in closing submissions, Mr Fox said Jenkin had been untruthful when giving evidence, at one point refusing to accept a video on his mobile phone had be filmed on the day the device indicated.
“It’s … indicative of how arrogant and unyielding his evidence is that he’s not even prepared to accept that [date],” he said.
“He seemed to have an explanation for most things, and when he didn’t he fell back on the default position that the witnesses were lying.”
Mr Fox said Jenkin’s lengthy explanation regarding a $1690 sum he allegedly forced from Mr Dower’s hand “shows his capacity to lie and to make detailed lies”.
The Crown noted Jenkin went to great lengths to secretly dispose of Mr Dower’s body, dropping it from his second-storey balcony in the early hours, moving it twice.
“It shows awareness that discovery of the body would implicate him,” Mr Fox said.
“The accused would have been well aware that the accused’s body showed signs of a beating which were not consistent with natural causes or an accident.
“The Crown submits that the disposing of a body in this way is clearly evidence of a consciousness of guilt.”
Jenkin’s judge-alone Supreme Court trial began in Wollongong six weeks ago.
Justice Hamill is expected to retire to consider judgement at the conclusion of defence barrister Peter Lowe’s closing submissions on Wednesday.