Vic murder victim had fired shot: court

A Melbourne father fired a gunshot from a car before being allegedly murdered in a road rage attack, a court has heard.

Christopher Orfanidis, 33, is charged with murdering Phi Long Ung, who never regained consciousness after he was beaten during a road rage incident at Ardeer on July 5 last year.

Orfanidis was allegedly furious Ung had parked near his Sunshine West home after he had previously told him not to.

A witness told the Melbourne Magistrates Court he was in his car with Mr Ung, whom he knew as Simon, when the confrontation unfolded.

The witness, who cannot be named, said two men in a white Commodore shouted death threats before bashing his vehicle.

He said Mr Ung replied: "If you try and kill me, I'll kill you".

The witness said Mr Ung then hung half his body out of his front car window, and he heard the sound of backfiring.

He later accepted the noise was a gun being fired.

"Now I know he was firing the weapon at them," the witness said.

"At the time, I didn't know."

Police allege that in a fight that ensued, Orfanidis struck Mr Ung with a gun to the side of the head with such force, the wooden frame of the firearm snapped on impact. Mr Ung was also kicked in the ribs and head as he lay on the ground.

The witness said he knew Mr Ung, 37, owned a gun because he was in fear and paranoid people were after him.

He said Mr Ung had used drugs occasionally but he hadn't used for some weeks and was "trying to be straight headed".

Orfanidis was initially charged with multiple assault offences, but these were upgraded to murder after Mr Ung died.