Connor Fuller on trial in Supreme Court after pleading not guilty to Mark Tozer’s murder in South West Rocks road rage dispute
A kickboxer accused of jumping on a servo worker’s head and murdering him in a road rage clash says he was defending himself – but a cop found bloodied shoe prints on the dead man’s shirt, a court heard.
Mid-North Coast
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A kickboxer accused of jumping on a servo worker’s head and murdering him during a road rage clash claims he was defending himself, but a cop found bloodied shoe prints on the dead man’s shirt, a court heard.
Connor Fuller, 31, has pleaded not guilty to the murder and intimidation of Mark Tozer, 61, on Albert Harrower Crescent at South West Rocks on July 28, 2021.
Fuller has been facing a judge-only trial which started in the NSW Supreme Court at Newcastle on Monday.
Fuller’s defence argues he believed fuel station worker Mr Tozer was armed and he was acting in self-defence, and he has pleaded not guilty.
On Friday, Gosford crime scene officer Louise Craft told the court she had access to Fuller’s shoes, as well as photographs of clothing worn by both the accused and Mr Tozer the night he died.
She said bloodstains on Mr Tozer’s shirt were similar to patterns on the bottom of Fuller’s shoes. But the officer could not determine if the marks were definitively left by Fuller’s shoes.
It was alleged on Thursday in the court by witness Joel Cooper that Fuller exclaimed – as Mr Tozer lay injured in the gutter – “If you’re going to follow me home and park in my driveway, you’re going to get gutter stomped.”
Prosecutors allege Fuller ended up jumping on Mr Tozer’s head when the road rage blue turned violent.
Ms Craft told Crown prosecutor Brian Costello the “impression on the shirt” had “similar characteristics” to Fuller’s shoes.
The trial continues.
‘Seen worse’: Kickboxer on murder charge claims self-defence
Thursday, September 26: It took emergency services up to 40 minutes to arrive as a fatally injured Mid-North-Coast man was bleeding and “gurgling” in the gutter after an alleged road rage attack, a court has heard.
Connor Fuller, 31, has pleaded not guilty to the murder and intimidation of Mark Tozer, 61, on Albert Harrower Crescent at South West Rocks on July 28, 2021.
Fuller, who was arrested on scene and later charged, has been facing a judge-only trial before Justice Mark Ierace, which began on Monday.
The defence has argued in the NSW Supreme Court at Newcastle that Fuller believed service station worker Mr Tozer was armed and acted in self-defence.
On Thursday, neighbour Jamie Young told the court the back of Mr Tozer’s skull had been a mess before he was flown to John Hunter Hospital at Newcastle and died.
Prosecutors allege Fuller jumped on Mr Tozer’s head during a road rage attack.
Mr Young told Crown prosecutor Brian Costello he heard a car with a V8 engine “roar” up a nearby street about 6pm on the day of the incident.
The court heard Fuller came to Mr Young’s fence shirtless and allegedly covered in blood spatters.
“I had a horrible feeling inside of what was about to come,” Mr Young told the court.
Mr Young said Fuller told him of a road rage incident involving Mr Tozer. It was claimed in the court that Mr Tozer jumped out of his car armed with a knife.
Mr Young told the court he saw an injured Mr Tozer “in a crucifix position” and making a gurgling sound while lying in the gutter on Albert Harrower Crescent.
The court heard Mr Tozer appeared badly injured. His eyes were almost shut, his track pants were around his ankles and his boxer shorts were visible, Mr Young said.
Mr Young turned Mr Tozer onto his side and into a recovery position, the court was told.
“The back of his skull was a mess,” he said.
“There was a lot of blood in the gutter.”
Triple-0 was called and Mr Young asked Fuller what happened.
Mr Young told the court Fuller replied: “F--k him – I’m a kickboxer. I can look after myself. F--k him, I’ve seen worse.”
The court heard Fuller tried to pull Mr Tozer’s pants up, Mr Young asked the younger man where the knife was and the accused allegedly told him it had fallen into the gutter, before police arrived.
Another man called as a witness, Joel Cooper, was having dinner with Mr Young on then night.
Mr Cooper told the court Mr Tozer was found “bloodied” and “swollen”, struggling to breath.
“His face was black and purple – I’ve never seen anything like it. You really couldn’t identify him,” he said.
“He had quite a large hole in his head, as big as a 50 cent coin.”
Mr Cooper told the court he overheard Fuller telling a neighbour he had trained in kickboxing and had punched and elbowed Mr Tozer multiple times.
Fuller allegedly told Mr Cooper: “If you’re going to follow me home and park in my driveway, you’re going to get gutter stomped.”
The court also heard Fuller told Mr Cooper he had a bronze medallion before he looked at Mr Tozer and exclaimed: “He will be right, I’ve seen worse.”
Fuller’s barrister Michael King said Fuller brought an icepack to Mr Tozer.
The trial has been adjourned to Friday.
Wife’s frantic search after cancer patient allegedly murdered
Wednesday, September 25: The wife of a man allegedly murdered in a road rage incident has tearfully told a court how she frantically searched for her husband when he failed to return home from work.
Lee-Anne Tozer also told Newcastle Supreme Court on Wednesday that her husband, Mark Tozer, had been undergoing treatment for prostate cancer when he was allegedly killed at South West Rocks in July 2021.
Connor Fuller, now aged 31, is facing a judge-only trial after pleading not guilty to murdering the 61-year-old.
Prosecutors allege Fuller jumped on Mr Tozer’s head during the road rage attack, with the service station worker dying in hospital a few hours later.
On the second day of the trial on Wednesday, Mrs Tozer wiped her eyes while giving evidence to Crown prosecutor Brian Costello, telling the court that her husband was in poor health leading up to the incident.
“He was finishing radiation treatment for prostate cancer,” she said.
She told the court that, on the night Mr Tozer died and when he did not come home from work on time, she drove around town looking for him.
“I knew something was wrong,” she said.
Mrs Tozer told the court that police would tell her that her husband was at John Hunter Hospital in Newcastle with head injuries. He would die a few hours later.
She told the court she screamed “no” at officers when she found out.
Under cross-examination, Fuller’s barrister Michael King asked Mrs Tozer how her husband treated his car.
She said her husband was a “car enthusiast, motorbike guy,” that he was “proud” of his Ford Falcon FR8 and kept it in “immaculate” condition.
“If someone would damage his car deliberately he would be upset,” she said.
“He worked hard for things and respects other people so he would expect people to respect [the car] too.”
“He wouldn’t die for that car.”
Another witness, Gregory Hunt, gave evidence about a previous alleged road rage incident involving Fuller in July 2021 on Gregory St, South West Rocks.
Mr Hunt told Mr Costello that he drove past Fuller urinating near a car on the side of the road about 6pm.
Mr Hunt slowed down and dipped his headlines to give Fuller privacy.
Shortly after, Mr Hunt said he noticed the car he drove past was now allegedly tailgating him.
“The car didn’t leave me alone, it sat behind me for 3km. I was getting closer to home,” he said.
Fearing for his safety, Mr Hunt pulled up outside the South West Rocks police station when Fuller parked beside him and allegedly said from the car window, “You’re f--ked. I’ll be back with my rottweiler.”
Fuller drove away while Mr Hunt waited at the closed police station before leaving himself.
The trial, before Justice Mark Ierace, continues on Thursday.
Murder accused claims deceased was armed before ‘gutter stomp’
Monday, September 23: A murder accused allegedly said “you’re messing with a NSW state boxer” as he killed a Mid North Coast servo worker by jumping on his head in a road rage attack.
The evidence was heard on the opening day of Connor Fuller’s NSW Supreme Court judge-alone trial at Newcastle on Monday which began months after the now 31-year-old pleaded not guilty to murdering 61-year-old Mark Tozer.
Crown prosecutor Brian Costello submitted prior to the alleged murder, Mr Tozer was driving home from work on July 28, 2021 when the accused allegedly sideswiped his car, breaking the passenger mirror.
The court heard Mr Tozer followed the accused to his home on Albert Harrower Crescent, South West Rocks, where the altercation escalated.
Mr Costello submitted footage captured the incident unfold with Fuller allegedly saying “I’m going to jump on his head right now before he gets home to his wife”.
“Don’t be jumping up to my face c--t. I’ll knock you clean the f--k out, c--k sucker you’re on my lawn,” Fuller allegedly said.
The court heard Mr Tozer told Fuller to “f--k off” before the accused replied: “You’re trespassing.”
“Who are you? I’ll knock your head off c--t,” Fuller allegedly said as he started jumping on Mr Tozer.
I’ll jump on your head, f--k you mother f--ker. Who is on the ground now?”
The court heard Fuller told Mr Tozer he “felt scared”, adding “you were on my property. That’s my right. You’re messing with a NSW state boxer champ”.
Mr Costello told the court after the alleged attack, Fuller had swelling on his right knuckles, a broken right toe and was covered in Mr Tozer’s blood.
The court heard a neighbour called triple-0 about 7pm as Mr Tozer lay motionless in the gutter. He later died at John Hunter Hospital in Newcastle from blunt force injuries.
Mr Costello submitted Fuller lied to neighbours about the fight, telling them he had been followed home by Mr Tozer from the pub with a knife.
“What would you do mate? He had a knife, I was trying to defend myself,” he allegedly said.
“If you pull up to my driveway you’re going to be gutter stomped.”
The court heard a screwdriver was found on Fuller’s porch and the side mirror in his car. Both were covered in the deceased’s blood.
The court heard Fuller, while in prison, called a friend and allegedly said he struck Mr Tozer with the “biggest kick (of his) life” before it was “lights out”.
“I’ll get self defence,” Fuller allegedly said on the recorded call.
“It’s not my fault he f--king died.”
Fuller’s barrister Michael King submitted the sideswipe was not admitted to, arguing his client did not provoke Mr Tozer who “chased” him in a “predatory manner”.
Mr King said there will be no dispute Fuller caused the injuries which resulted in Mr Tozer’s death and submitted he was acting in self-defence because he held the belief the deceased was holding “a knife or a screwdriver or a pen”.
The barrister told the court the clarity of the audio from the footage was not always clear despite conceding the accused said “some of the words on the tape”.
The trial before Justice Mark Ierace will continue on Tuesday with it listed to sit for 38 days.
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