In the hours before Michael McGurk was murdered, property developer Ron Medich had an emotional phone conversation with a police officer in which he expressed his distress that firebombing charges against his former business partner had been dropped.
"The bastard's at the Chop House restaurant celebrating as we speak," Mr Medich told Senior Constable Ray Hetherington.
Giving evidence at Mr Medich's murder trial, Detective Hetherington said it caught him by surprise to hear how "distraught" Mr Medich was.
On the evening of September 3, 2009, within hours of the call, Detective Hetherington was informed that 45-year-old McGurk had been shot in the back of the head outside his Cremorne home.
Detective Hetherington said that he had arrested McGurk in January 2009 over the firebombing of the Beaconsfield house of valuer Stewart Rowan as well as the Point Piper home of Adam Tilley.
The jury has heard that Mr Medich previously owned Mr Tilley's house and lent him money to purchase it. When the Tilleys fell behind with their repayments, Mr Medich organised for McGurk to deal with the matter.
Mr Medich initially posted the $100,000 surety for McGurk's bail. Mr Medich later withdrew and another property developer Bob Ell put up the money, the court heard.
Mr Hetherington said he thought the police case was strong and he was disappointed when the DPP decided to drop the charges against McGurk on August 20, 2009.
The detective said he had been in regular contact with Mr Medich over the matter as he was to be a witness. In his lunchtime call with Mr Medich he said he advised him to concentrate on the civil matters against McGurk.
The court has heard that the pair were embroiled in a string of legal battles, which were costing Mr Medich a fortune.
In other evidence Ron Mason, a former member of an Aboriginal land council at Narooma, said that several months before McGurk's murder, Mr Medich's then close friend Lucky Gattellari asked Mr Mason if he knew any dying Aboriginal people who might like to do a murder.
Mr Mason, 72, said he had business dealings with Gattellari and Mr Medich over land deals near Narooma and an Aboriginal funeral business for which Mr Mason said he sourced clients.
Gattellari told Mr Mason he needed someone "bumped off" straight away as the unnamed person was costing Mr Medich $100,000 a week.
Mr Mason said he made arrangements to introduce his daughter's father-in-law Harry (also known as Danny) Landini, whom Mr Mason said was known "round the traps" as a hitman.
Mr Mason said he understood Mr Landini planned to ask for $50,000 and then "rip off" Gattellari.
The court heard that Gattellari's driver Senad Kaminic met Mr Landini at the Malabar RSL club. The meeting appeared not to be a success as Gattellari subsequently complained to Mr Mason about "the imbeciles" Mr Mason was introducing as potential hitmen.
Mr Mason said he had no conversations with Mr Medich about the plans to find a hitman and that his dealings on the matter were solely with Gattellari.
Gattellari received a substantial discount on his sentence in return for giving evidence against Mr Medich, who has pleaded not guilty to the murder.
