The jury is considering its verdict in the case of an elderly businessman who is accused of trying to hire a hitman to kill his estranged daughter-in-law.
Brian Vincent Attwell, the frail 73-year-old managing director of earthmoving, demolition and excavation business AD Contracting in Albany on Western Australia's southern coast, spent six months in custody charged with the rare offence of attempting to procure the commission of a crime.
He was bailed in early April, with Supreme Court judge Ralph Simmonds imposing strict conditions including a $500,000 personal undertaking with a $500,000 surety, a $100,000 cash deposit and a curfew.
The state alleges the accused asked a man he only knew as Josh - who unbeknown to him was an undercover policeman - to bind Michelle Patreena Attwell in duct tape, strangle her and bury her in a 30 feet-deep hole dug by an excavator.
He allegedly handed over a $10,000 down payment on a $30,000 agreement.
Attwell's defence lawyer argued his client was just expressing his frustration with a bitter, protracted legal dispute between his son, Ian, and the alleged target following the breakdown of their marriage.
The accused repeatedly said during his testimony that the comments were "huff and puff", and that he only wanted Ms Attwell frightened.
But state prosecutor James MacTaggart said evidence showed Attwell was committed to having her murdered.
"You want her gone, yeah?" the undercover policeman asked Attwell during a meeting that was covertly recorded.
"Yeah, without a doubt," Attwell replied.
Mr Percy argued Josh had not been given enough information about Ms Attwell - including a photograph - for her to have been in real danger.
Mr MacTaggart, however, said Attwell had provided an address and general description, and that was sufficient for the woman to be at serious risk.
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