Gullible But Not A Killer, Court Hears

Illawarra Mercury

Thursday June 19, 2008

By MARIO CHRISTODOULOU

HE may have been gullible, violent and uncouth but murder accused Andrew Wayne Flentjar was no killer, the NSW Supreme Court in Wollongong heard yesterday.

In his closing argument, defence barrister John Stratton, SC, said the 33-year-old from Nowra East was manipulated by his co-accused Kim Leanne Snibson, 37, and Stacey Lea Caton, 29, into kidnapping a Nowra Hill couple, but played no role in their eventual murders.

The charred remains of Greg Hosa, 56, and Kathryn McKay, 44, were found in 44-gallon drums in Tomerong State Forest on January 29, 2006.

Snibson pleaded guilty on May 28 while Lea-Caton is serving a 22-year jail sentence for the murders.

Flentjar has pleaded guilty to kidnapping but maintains he did not murder the pair.

Mr Stratton said yesterday jurors should not trust evidence from Lea-Caton which he said was self-serving.

He said Flentjar's evidence was backed by secret recordings taken from his home in which he maintained his innocence.

"What was motivating (Flentjar) was a desire not to be implicated ... in a crime he did not commit," Mr Stratton said.

He said Flentjar was misled by Snibson's lies and aided in the victims' kidnapping, but not their murder.

"When things looked like they were going to go too far (Flentjar) says: 'that is that - take me home'."

He said Flentjar was not aware that a murder would take place, evidenced by the fact that he was the only one of the three involved wearing a balaclava.

"Why would he wear a mask? If he knew that the plan was to kill them then he wouldn't bother with a mask," Mr Stratton said.

"Andrew Flentjar wore a mask because he was out of the loop ... there were three people involved in this enterprise but only one wears a mask."

The court heard Flentjar was manipulated by Snibson, who used her accomplices like pawns.

"She likes to keep her accomplices in the dark so they do not know the full extent of her criminality," Mr Stratton said.

"Why did (Snibson) leave the drum lids at the house of the accused Andrew Flentjar ... she's done that to leave a false lead."

Mr Stratton also pointed to apparent inconsistencies in witness accounts and discrepancies in some of the testimony of witnesses.

He said Flentjar never anticipated that a night that began with a kidnapping would end in murder.

"He has every expectation that those two people are going to be released unharmed."

The trial continues today.

© 2008 Illawarra Mercury

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