Accused murderer Bartolomeo Rapisarda bailed to live at alleged victim’s home

A man accused of shooting his mate in the back of the head has been granted bail to live at the dead man’s Baxter house.

Bartolomeo Rapisarda, 49, is accused of killing Dennis Pollock. Picture: Brendan Beckett

An accused murderer yet to face trial for allegedly shooting his mate in the back of the head has been granted bail to live at the dead man’s house.

Bartolomeo Rapisarda, 49, was the sole beneficiary for the estate of Dennis Pollock, who he’s accused of killing with a single gunshot wound behind the ear in September 2017.

But the alleged murderer claims Mr Pollock — who was sinking beers and shooting targets on a tree the morning he died — killed himself in the garage of his Baxter home after they had a “heated” conversation.

After a four-year police investigation, Mr Rapisarda was charged with a single count of murder but was granted bail this month (14 April) as a judge found he had “stable accommodation” — the Station Crescent home of his alleged victim — and was not an unacceptable risk to the community.

The Supreme Court heard the pair were introduced by Mr Pollock’s late partner, with Mr Rapisarda, his wife and daughter moving in to the Baxter property shortly after she died in 2015 under an agreement he pay the mortgage and other expenses.

Police at Pollock’s home after he died. Picture: Andrew Tauber

A year later, Mr Pollock changed his will to make his new housemate his executor and sole beneficiary.

The day before he died, Mr Pollock was told Mr Rapisarda — an assistant manager for Coolibah Herbs — defaulted on a $35,000 loan for which his Baxter house was put up as security.

CCTV caught the pair in a “heated” five minute chat in the driveway the next day, on the morning of September 16, 2017, where where Mr Pollock “repeatedly gestured and shook his head”.

Later, he was seen for the last time entering his garage at 10.32am, where he had earlier placed a rifle bag.

His alleged murderer followed seven minutes later.

Only Mr Rapisarda emerged 15 minutes after that, when he called triple-0 then led authorities to Mr Pollock’s body “propped up against some wood offcuts”.

Court papers show Mr Rapisarda owed cash to Alinta Energy, South East Water, Fines Victoria, Padua College, Westpac, Bank of Melbourne and Right Road Finance when he fell $1060.09 into arrears on the two-month old loan guaranteed by Mr Pollock.

Dennis Pollock died at his home in Baxter. Picture Andrew Tauber

Magistrate Andrew McKenna, during an administrative hearing on Friday (April 22) labelled it a “most unusual case” — including the fact that Mr Rapisarda was not a relative, but was Mr Pollock’s sole heir.

“There’s suicide on one hand, there’s murder on the other hand, maybe there’s nothing in-between,” he said in the Melbourne Magistrates’ Court.

“One doesn’t come across many cases like this — or ever.”

Defence barrister Timothy Fitzpatrick told the court a suicide note found at the scene had been forensically tested, with questions over whether Mr Pollock was left or right handed following an injury to his natural writing hand.

Mr Fitzpatrick said he was seen on footage carrying a beer in his left hand on the morning he died and that it “would be consistent that he was ambidextrous”.

Homicide detectives had Mr Rapisarda under investigation for four and a half years while he continued to live at the Baxter property.

He was only charged on March 5 this year due to lengthy delays caused by Covid-19, phone taps and the need to get recorded conversations translated from Italian.

Despite the opposition from Mr Pollock’s relatives, his alleged murderer was granted bail.

Mr Rapisarda’s lawyers claimed the prosecution case was “circumstantial” and gunshot residue was not found on his hands or skin.

Expert evidence did not rule out that Mr Pollock could have shot himself.

Prosecutors argued it was “not a weak prosecution case” but “ultimately it is a matter for the jury”.

As part of his bail conditions, Mr Rapisarda must live at the scene of the alleged crime and report to Frankston police three times a week.

He will return to Melbourne Magistrates’ Court for a committal mention on May 27 and may not face trial until 2024.