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AAP
AAP
National
Karen Sweeney

Accused killer was will's sole beneficiary

A man accused of murdering another who made him the sole beneficiary of his will has been bailed. (AAP)

A man shot in the head at his property in eastern Victoria left the home to the man who is now accused of killing him.

Dennis Pollock died at his Baxter property in September 2017, a little over a year after making Bartolomeo Rapisarda the sole beneficiary of his will.

Rapisarda, who was only last month charged with murder, was freed on bail on Thursday after a Victorian Supreme Court judge said he likely would not face trial for two years.

While the court heard Rapisarda had a motive for murder, suicide could also not be ruled out as a cause of death, according to his lawyers.

Defence lawyers are set to challenge the evidence of an expert in the case and claim Mr Pollock could have fired the single fatal shot himself, Justice Mandy Fox said.

Rapisarda and Mr Pollock met through the latter's wife, who herself died in March 2015.

Soon after, Rapisarda moved into Mr Pollock's property with his wife and daughter.

An agreement was drawn up allowing Rapisarda to do renovations at his own expense while also paying Mr Pollock's mortgage and other expenses.

In return the property would be transferred to Rapisarda upon Mr Pollock's death.

He was the sole beneficiary.

After failing to get a loan, Rapisarda sought and was granted Mr Pollock's permission to use the Baxter property as a security for a $35,000 loan - applied for by Rapisarda's wife and Mr Pollock.

From May 2017 Rapisarda fell behind in a number of bills, including the loan.

Justice Fox said that on September 15, 2017 the bank notified Mr Pollock that it intended to issue a default notice on the loan.

CCTV captured a heated conversation between Rapisarda and Mr Pollock on the day he died.

It also shows the men walking into the garage where Mr Pollock was shot.

Prosecutors allege Rapisarda fired a single shot into the back of Mr Pollock's head.

After about 15 minutes inside the garage together Rapisarda left and called triple zero.

Mr Pollock was declared dead at the scene.

Rapisarda was interviewed twice in the following days, telling officers about the financial agreement, that he was the sole beneficiary of Mr Pollock's will and that he had been his primary carer.

Justice Fox said the case against Rapisarda was "not overwhelming but certainly not weak".

She agreed to free him on bail, with conditions including a $75,000 surety and regular reporting to police.

Rapsiarda, who was born in Italy and has significant family ties there, must also surrender his passport, not attend any points of international departure or leave Victoria.

Lifeline 13 11 14

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