South West Rocks kickboxer Connor Fuller accused murdering servo worker, stomping on head

A kickboxer accused of a savage road rage murder outside his Mid-North Coast home claims he was protecting his mother inside the house, a court heard.

Mark Tozer worked at a service station in South West Rocks. Picture: File

A kickboxer accused of murdering a service station worker during a road rage clash outside his home claims he was protecting his mother inside the house, a court heard.

Connor Fuller pleaded not guilty to the murder and intimidation of Mark Tozer, 61, on Albert Harrower Crescent at South West Rocks on July 28, 2021.

The 31-year-old has been facing a judge-only trial which began in September in the NSW Supreme Court at Newcastle.

Fuller’s defence argues that he believed fuel station worker Mr Tozer was armed and he was acting in self-defence.

On Wednesday, Crown prosecutor Brian Costello submitted to Justice Mark Ierace that Fuller told police he was trying to protect his mother when Mr Tozer arrived at his house. However, Mr Costello argued the accused knew his mother was not home during the incident.

Mark Tozer holding a dog. Picture: File

“Fuller had been told his mother would be working that night and he would have known that because her car was not in the driveway,” he told the court.

The court heard Fuller said to neighbours and police that Mr Tozer was armed with a knife.

Mark Tozer was found with serious head injuries. Picture: File

“This fella wanted to f--king fight me, I told him I was scared,” Fuller said to police. He added Mr Tozer came at him with a knife.

The accused said the weapon had fallen into the gutter, but Mr Costello said a knife was never found.

Mr Costello said Fuller told police he hit Mr Tozer three times however that did not reflect the injuries.

He told the court Fuller was allegedly “unreliable” and told “lies” to portray Mr Tozer as a threat.

Mark Tozer with his wife Lee-Anne Tozer. Picture: Facebook / Mark Tozer

In court, the Crown submitted earlier that night Fuller had allegedly crashed into Mr Tozer’s car mirror and failed to stop to avoid accountability.

This led to Mr Tozer following Fuller’s car to his house to confront the accused and collect his details. The victim did not have a weapon, Mr Costello said.

Fuller allegedly said: “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.”

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.

Mark Tozer with wife Lee-Anne. Picture: File

Mr Costello said Mr Tozer retreated to the front nature strip where the accused said he was scared for his safety.

He argued this was a disingenuous statement to excuse Fuller’s criminal behaviour. The accused allegedly told Mr Tozer he would jump on his head.

“This was followed by a savage assault on Mr Tozer which (allegedly) included kicking and stomping on the victim’s head,” he said.

Fuller then allegedly said: “You f--ked up on me, you want me to pay for your car insurance, you f--ked up on my car. Look who is on the ground now.”

Mr Costello alleged that most of the assault happened when Mr Tozer was incapacitated in the gutter and unconscious.

Evidence from witnesses state Fuller told them he “gutter stomped” Mr Tozer along with kicking and jumping on him, Mr Costello said.

Fuller’s barrister Michael King previously submitted his client was acting in self-defence because he believed Mr Fuller was holding a knife, screwdriver or a pen.

The case will return to court Thursday for Mr King’s final submissions.

Originally published as South West Rocks kickboxer Connor Fuller accused murdering servo worker, stomping on head