Two families face an anxious wait this weekend following an emotionally charged court hearing for accused murderer Benjamin Batterham, who is seeking bail over the death of alleged home-invader Ricky Slater.
Clutching a photograph of the slain man, Mr Slater's aunt Pauline Dickson told reporters outside Newcastle Local Court on Friday afternoon she was sickened to hear defence suggestions Batterham might not face any real prospect of a murder conviction.
Batterham's lawyers argued the real question for a trial jury would be to decide whether to convict Batterham of manslaughter or acquit him altogether.
"It is almost impossible to contemplate that he could be convicted of murder," barrister Winston Terracini SC told Friday's hearing.
Ms Dickson said her relatives would be out in force on Tuesday, when Magistrate Robert Stone is set to deliver his decision on bail.
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"We want justice for what's been done to our baby."
Batterham's parents did not attend court to support their son on Friday because, according to Mr Terracini, they and the legal team had received threats.
The court heard the case had so captured the public imagination that some 120,000 people had put their names to an online petition calling for Batterham's release, and there were even concerns members of the public might try to interfere with crown witnesses.
Mr Terracini said his client had been at home helping a friend celebrate his birthday in the early hours of March 26 when he saw Mr Slater on his property clutching a handbag owned by his wife.
"It was a home invasion," Mr Terracini said.
The high-profile silk said Batterham had held Mr Slater down in what was a reasonable effort to apprehend him, and that at one point the dead man bit him so savagely on the arm that he had visible bite marks some weeks later.
Mr Slater was rushed to hospital in a critical condition following the struggle, but his life support system was switched off the following day.
Prosecutors believe Mr Slater died after a lack of oxygen left him with irreversible brain injuries.
State prosecutor John Sfinas told Friday's hearing that Batterham chased Mr Slater around the block - something like the length of four football fields - before holding him down, with his forearm around his neck.
"This was not a struggle, this was the accused chasing the deceased," the prosecutor said.
He said Batterham's actions went far beyond what was reasonable in the circumstances.
At one point the deceased was on the ground and the accused had to be prised off by a detective inspector, who did identify himself as a police officer.
"This is not a classic self-defence matter."
And although police are said to have found knives on Mr Slater, Mr Sfinas said there was no evidence Batterham knew that Mr Slater was armed or that it shaped his response.
The case returns to court on Tuesday for a decision on bail.
