Marko Krivosic: Gunman launches murder defence, claims firearm ‘accidentally fired’

A gunman who fatally shot a man in the back as he watched TV did not intend to discharge the weapon, a court has been told.

A gunman who fatally shot an unarmed man in the back as he watched TV was acting in self defence when he burst into a southwest Sydney unit brandishing a gun, a court has been told.

Marko Krivosic, 30, on Monday claimed in the NSW Supreme Court that he accidentally set off the gun that shot George Nassif in July 2018.

Mr Krivosic has pleaded not guilty to murder, with the opening day of his trial also hearing he allegedly exclaimed “George you dog” as he fired one bullet into Mr Nassif’s back.

Mr Nassif died in Liverpool Hospital on July 22, 2018 after the shooting.

George Nassif died after he was shot in the back at a Warwick Farm unit. Picture: Facebook.

Mr Nassif is alleged to have assaulted a man before he himself was fatally shot in the back in July 2018. Picture: Facebook.

Mr Krivosic is set to argue that while he fired the fatal shot, he did not intend to kill the 46-year-old after he and another man burst into the apartment wearing latex gloves and face coverings.

Earlier that afternoon, Mr Nassif had assaulted another man, Andre Marques, in the same building after accusing him of sleeping with his girlfriend and owing him money.

Mr Nassif landed at least one punch, the crown alleges, and Mr Marques told him that the only money he had belonged to Mr Krivosic.

Mr Marques sometimes bought drugs off of Mr Krivosic, the court was told.

When Mr Krivosic was told that Mr Marques had been assaulted, he and another man – who cannot be named for legal reasons – went to the George Street unit armed.

They entered the unlocked door, with Mr Krivosic firing one shot into Mr Nassif’s back before attempting to kick him as he lay on the ground and pistol-whipping his head, the court was told.

Marko Krivosic was arrested after a manhunt that spanned several states. Picture: Facebook.

Crown prosecutor Michelle England told the jury that Mr Krivosic, who was wearing a balaclava, yelled “George you dog” as he shot Mr Nassif while he watched TV on a couch with three other people.

The second man – who has pleaded guilty and is awaiting sentencing – then told Mr Krivosic: “Come on bro, that’s enough.”

Defence barrister Nathan Steel said he was set to argue that his client had accidentally fired and had brought the gun to the unit for his own protection.

However, Ms England said he took extensive steps to disguise his appearance and to avoid detection including wearing gloves, being dropped off at the unit several blocks away and disguising his appearance.

“Mr Krivosic went to the unit armed with a gun with the intention to kill or seriously harm Mr Nassif,” Ms England said.

“He deliberately aimed the gun and fired.”

The crown alleges that on his way out of the apartment, Mr Krivosic threatened the three other people present not to speak to police.

According to the crown prosecution, the woman who owned the unit – who also cannot be named for legal reasons – sent a friend a message, saying “M just shot George”.

Marko Krivosic is taken to Liverpool police station after being arrested in Perth. Source: NSW Police Force.

After the shooting, Mr Krivosic went on the run, driving to Newcastle, onto Melbourne, Adelaide, Port Augusta, Coober Pedy, back to Port Augusta and then onto Perth, where he was arrested on August 6, 2018.

Mr Steel said when Mr Krivosic went to the unit, he believed that Mr Marques had been seriously assaulted and did not know what sort of danger he would be facing inside.

“There is no dispute having entered the unit, he fired and discharged the gun, and as a result, Mr Nassif was shot and fatally wounded,” Mr Steel said.

“Mr Krivosic says that the discharge was accidental and was one that was a reflexive action in a stressful situation.”

Mr Steel said when Mr Krivosic entered the apartment, he did not know that Mr Marques had already left and believed he needed to act in self defence.

The trial before Justice Ian Harrison continues.