Mr Dillon also ran, staggering to a grass verge next to a footpath where he collapsed and died.
Mr Carbone’s DNA was found under Mr Dillon’s fingernails. When Mr Carbone was arrested at Sydney Airport 18 days later, as he attempted to board a flight to Thailand, he had several scabbed-over scratches on his face.
Ms England said it was not possible to say which of the alleged killers was responsible for the shooting and which for the stabbing. However, it will be argued that each is liable for the actions of the other because they acted in a joint criminal enterprise.
Defence barrister Mark Tedeschi, QC, said his client did not dispute that he was in the vicinity of the car park when Mr Dillon was injured. However, it was not the case that Mr Dillon was lured to his death.
Mr Tedeschi said it would be argued that Mr Dillon was the aggressor, and when a physical fight broke out between Mr Dillon and Mr Carbone, Mr Bagnato unexpectedly swooped in and shot him.
The defence barrister said Mr Carbone went to the home of a friend either the night Mr Dillon was killed or the night after and told him: “Some hectic shit went down, we f—ed this guy up.
“We were in a fight with a guy from school. I was into it with this guy,” Mr Carbone said, according to Mr Tedeschi. “Tones [Antonio Bagnato] comes in and shot him.”
Mr Tedeschi said the bullet wounds were consistent with Mr Dillon being shot from behind as he engaged in a physical fight with Mr Carbone, not – as the Crown suggested – Mr Dillon being shot in the back as he ran away.
He said the Crown was unable to prove Mr Carbone caused any of the injuries to Mr Dillon or that he acted in a joint criminal enterprise.
Mr Bagnato has not been charged over Mr Dillon’s death. He fled Australia two days after the killing and is now imprisoned in Thailand for the murder of Australian Hells Angel bikie Wayne Schneider, who was kidnapped and buried in a shallow grave in the resort town of Pattaya in November 2015.
Mr Carbone was previously convicted over the killing, however this was overturned on appeal and a retrial was ordered.
The trial continues before Justice Peter Garling.
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