A man is fighting allegations he murdered his ex-girlfriend's new partner out of jealousy and mutual animosity not long after he was beaten up by the couple twice.
Allan Francis Dunbar, 59, is on trial in the NSW Supreme Court on Thursday after pleading not guilty to murdering his acquaintance Shane Naylor on the evening of January 7, 2022.
The pair had a "mutual animosity" which was not helped by the fact Mr Naylor was dating Dunbar's ex-partner Erin Rogers, prosecutor David Patch said in his opening submissions.
He alleged Dunbar "retained a lot of affection" for his ex-girlfriend and rushed to Sydney when she asked.
But the jury heard he ended up in hospital after Ms Rogers and Mr Naylor beat him up twice and kicked him out of their house.
Mr Patch foreshadowed a witness would testify that Dunbar told him Mr Naylor was "going to get stabbed" before declaring "I'm not going to leave Sydney without Erin".
He suggested Dunbar was jealous of Mr Naylor's relationship with his ex-girlfriend and his animosity was increased when the man allegedly stole his gold ring.
The ring was found on Mr Naylor's body later that day, after he was stabbed in the heart.
Mr Naylor and Dunbar were seen violently tussling in front of a home in Toongabbie, in Sydney's west, and one witness is expected to say he saw Dunbar "punch" the other man.
Prosecutors allege the action was actually Dunbar inflicting a fatal stab wound, although the witness is not anticipated to say he saw a knife.
A yellow box cutter and a blade without a handle were found near Mr Naylor's body, but Mr Patch said Dunbar's DNA was not found on either weapon.
Dunbar doesn't "shy away" from his difficult relationship with Mr Naylor but he did not stab or even strike him, defence lawyer Josh Brock argued.
He said a statement from Ms Rogers pointed the finger at a third man who intervened in the fight and punched Mr Naylor in the head.
Mr Brock argued the man and another witness had deliberately obscured the truth in their accounts of the altercation.
He suggested the jury should not rely on their dishonest and unreliable testimony, which he said would be provided for their own purposes.
The court was told Dunbar was captured on CCTV leaving the scene with dark stains on his T-shirt, which were later confirmed to be blood.
However, no DNA could be obtained from the stains which were more faded when police arrested Dunbar hours later.
"It's the crown case that the accused washed his shirt because of a consciousness of guilt," Mr Patch said.
The trial will continue on Friday.
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