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Knife 'planted' by Vic cop after shooting

A Victorian police officer charged with murdering a man during a routine road check says the victim had a knife, but prosecutors say there's no evidence.

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Source: AAP


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Expert analysis of an audio recording of a fatal police shooting suggests an illegal flick knife found at the scene wasn't activated until after the shots were fired, a Victorian court has heard.

Former leading senior constable Timothy Howard Baker is facing a murder charge after he fired three bullets at Vlado Micetic, on August 25, 2013, killing the 46-year-old.

Baker has said he was defending himself against Mr Micetic who was "menacing" him with a knife.

An illegal Italian Black Finger brand flick knife was recovered from the scene.

But prosecutors say there is no evidence Mr Micetic was armed and allege Baker planted the knife.

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"It was the accused who took the knife to the scene and then planted it as part of an excuse for the shooting of Mr Micetic," prosecutor Andrew Tinney SC told a hearing that will determine if Baker will stand trial.

Footage of the lead-up to the shooting captured by a police dash-cam was played in court on Monday.

Mr Tinney said analysis of the recording, which compared the sound of a knife being "activated" to the audio of the incident, suggested the knife wasn't opened until after the shots were fired.

Baker did not at any time say anything about the victim being armed nor can a knife be seen in Mr Micetic's possession, Mr Tinney said.

As the two men struggle, they disappear off screen.

Mr Micetic can be heard saying: "You're going to get in big trouble. Don't you know who I am?"

Three shots are then fired.

Witness Evelina Niedzwiecki, who was in the car when Mr Micetic was pulled over, said he was "very intoxicated" at the time and tried to delay his arrest by claiming he found the stolen plates on his white Hyundai in hard rubbish.

She got out of the car and walked away, fearing she would be arrested for a number of outstanding warrants.

Baker told her to "keep going", she told the court.

She had turned the corner when she heard the shots.

The committal hearing is scheduled to last seven days.

Baker's bail was extended.


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