Men chopped up body but didn't kill: court
Three men on trial for murdering an ice user admit they chopped up his body and dumped it in a river, but say they weren't part of an agreement to kill him.
Con Spaliaras, 32, Matthew Brennan, 38, and Edward "Nippy" Hill, 47, all of North Melbourne, have pleaded not guilty to murdering Brendan Bernard, 32, in January last year.
Lawyers for the three men said on Wednesday there was no agreement between the three to kill or seriously injury Mr Bernard, whose remains were found in the Maribyrnong River on February 5.
Prosecutors allege the trio assaulted Mr Bernard in the flat he shared with Brennan, killing him in the bath on January 27 and, after leaving him for a week, dismembered him and disposed of his remains.
Everyone present in the flat the day Mr Bernard was killed was using significant amounts of the drug ice, the Victorian Supreme Court heard.
Lawyer John Saunders, for Spaliaras, said his client admits he disposed of the body, but says he didn't murder him, and he should be found guilty of manslaughter.
The crown case rests on the evidence of a woman, known for legal reasons as KJ, who is neither credible nor reliable, he said.
"It's not enough that someone intended to give him a bit of a touch up or even a bit of a bashing," Mr Saunders said.
"What has to be intended is either his death or the infliction of really serious injury."
The gruesome and macabre manner by which Mr Bernard's body was disposed of should not distract from the central issue in the trial, Mr Saunders said.
Brennan's lawyer Colin Mandy said his client admits being involved in the assault on Mr Bernard and cutting up and disposing of the body, but he didn't intend to kill him.
Marcus Dempsey, representing Hill, said his client admitted being involved in an assault and the disposal of the body and should be found guilty of manslaughter, not murder.
"Just because Mr Hill was involved in the disposal of Mr Bernard's body days later does not a murderer make," Mr Dempsey said.
The evidence will begin on Thursday when KJ is expected to take the stand.
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