Christopher Lavery says he was watching a Rambo film when his mate was murdered – found later with a knife in his neck and his body and Jeep torched.
But a Melbourne jury on Friday decided that instead of sitting in a cinema, it was Lavery himself who killed James Russouw and robbed him of cash to help pay off a $19,000 gambling debt.
After deliberating for four days, the jury rejected Lavery’s claims he was watching a Rambo film at the time Mr Russouw was killed in 2008.
Mr Russouw, 24, was stabbed to death at East Burwood Reserve, east of Melbourne, in 2008
The pair had a history of selling cannabis up until Mr Russouw was found dead in his burning car at Burwood East Reserve.
During the 31-year-old’s four-week trial it was alleged he killed Mr Russouw and robbed him of cash to help pay off a $19,000 gambling debt.
Lavery’s cinema alibi was initially substantiated by a mate, witness A, but in March the collaborator said the killer asked to swap clothes and left the movie part-way through, and did not return.
While giving evidence witness A broke down in tears while recounting how Lavery later confessed to the crime.
‘After everyone left, Chris pulled me aside, gave me $150 … and said ‘you know what I did, don’t you’?’ witness A told the court.
‘He said ‘I set up a deal, sat in the back of the car and slit his throat, and if you ever tell anyone I’ll kill you and your family’.’
Mr Russouw (pictured) was found dead with a knife in his neck and his body and Jeep torched
Defence lawyer Scott Johns argued the witness was lying after hearing of a $1 million reward for information leading to a conviction in the murder case.
Other witnesses told the court of Lavery’s money troubles, including one man who said he’d witnessed the killer putting a ‘ludicrous’ amount of money into pokie machines.
The jury returned a not-guilty verdict on a charge of incitement to murder after it was alleged Lavery asked a fellow prisoner about getting a key witness in the case ‘knocked’.
Christopher Lavery, 30, (pictured) has been charged with the 2008 murder of James Russouw
A man who can only be identified as witness B told the court during the trial that Lavery had also confessed to the murder to him.
However, Mr Johns said witness B was a ‘grifter’ with a ‘silver tongue’ and had fabricated the conversation because he was also after the million-dollar reward.
Lavery will return to the court at a later date for a plea hearing before sentencing.
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