In a bizarre twist, a court has heard that two men charged with carrying out a hit on Sydney businessman Michael McGurk each told other people that he was the person who shot him.
The allegation is contrary to claims made by the two men who have both accused the other of the murder.
Haissam Safetli pleaded guilty last month to murder but alleged that Christopher Estephan, then aged 19, pulled the trigger.
Downing Centre Local Court heard on Tuesday that Estephan will allege he thought he and his alleged accomplice were only going for a drive on the day and that it was Safetli who fired the gun.
Estephan has been charged with murdering Mr McGurk who was shot at close range outside his home in Sydney's lower north shore in September 2009.
Of the five men charged in relation to the killing, only Estephan and the alleged mastermind, property tycoon Ron Medich, have not entered guilty pleas.
On Tuesday, Estephan and Medich were scheduled for a joint committal hearing to start on August 6 which is expected to last four weeks. Safetli will give evidence at the hearing.
The court heard that Estephan will allege he carried out surveillance on Medich the month before the murder and thought he was going to do the same the day of the murder.
"He went for a drive on this particular day and unbeknownst to him Mr Safetli murdered Mr McGurk," Magistrate Jan Stevenson said.
However she added that each man had also said to other people that he alone carried out the shooting.
"There are witnesses who say that Safetli said that he was the shooter," she said.
"There are witnesses who say that your client (Estephan) was the shooter."
Ms Stevenson said there was a strong chance of Estepahn being committed to trial.
She reminded him there was a mandated 25 per cent discount to any sentence if he entered a guilty plea during the committal hearing.
"People sitting in custody with you have not been successful in their defence," the magistrate said to Estephan who is in custody and appeared via video link.
"I'd suggest you take considered and careful advice from your solicitor or any barrister."
The crown alleges that the 65-year-old Medich enlisted the help of one-time featherweight boxing champion Lucky Gattellari to carry out the contract killing after their business relationship began deteriorating in late 2008.
Gattellari then allegedly recruited three others - Senad Kaminic, Safetli and Estephan - to assist in the hit.
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