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AAP
AAP
National
Miklos Bolza

Nephew allegedly murdered elderly man in home invasion

Kalim Saliba died in hospital after he and his wife were attacked at their home. (HANDOUT/NSW POLICE)

Failing to locate stacks of cash during a home invasion, a money-hungry masked man fatally beat an elderly relative over the head before fleeing the scene, a jury has heard.

Kalim Saliba was asleep in his lounge room while his wife Shahidy Saliba watched television in their western Sydney home in the wee hours of April 28, 2020.

This peaceful scene was shattered after a masked man broke in just after midnight.

Home invasion crime scene in Cherrybrook (file)
A masked man broke into the Cherrybrook home just after midnight, the court was told. (Joel Carrett/AAP PHOTOS)

Minutes later, the couple - who were both in their 80s - were struck over the head in their Cherrybrook garage with Mrs Saliba losing consciousness and Mr Saliba collapsing to the floor and dying later in hospital.

"Where is the money?" the masked man said before attacking the couple, a NSW Supreme Court trial was told on Monday.

Tony Phillip Tadrosse, 60, and Danny Stephen, 35, have both pleaded not guilty to murdering Mr Saliba and assaulting Mrs Saliba while armed and intending to rob and wound her. 

Stephen is one of the elderly couple's great nephews and Tadrosse is an extended relative.

The pair sat before a jury on Monday as crown prosecutor Eric Balodis described how Mrs Saliba and her husband heard someone breaking the glass at the front of their home.

They soon saw a masked man with a bag inside, he said.

Court signage
The two accused men were relatives of the elderly couple who were attacked, the jury heard. (Dean Lewins/AAP PHOTOS)

Mr Balodis told the jury there might have been a second person inside the house making noise upstairs and a possible third person in a car driving outside.

He said while Tadrosse or Stephens weren't identified within the Cherrybrook home, there was a strong circumstantial case they were there at the time.

The motive was financial, Mr Balodis said, with the two men on the lookout for money.

Despite not having money in his bank account, Tadrosse called to inquire about getting expensive dental implants the morning before the home invasion, the prosecutor said.

It was well-known amongst the extended family Mr Saliba and his wife were old-fashioned with their money, preferring to keep cash in a safe rather than digitally, the jury was told.

Tadrosse and Stephens formed a plan to break into the property knowing one of the occupants could be killed or suffer grievous bodily harm, the prosecutor said.

Lawyer Karl Prince
Barrister Karl Prince said Danny Stephen client didn't murder Kalim Saliba or injure his wife. (Dean Lewins/AAP PHOTOS)

Through this joint criminal enterprise, the pair were guilty of murder, he argued.

The Crown's case relies heavily on CCTV footage showing a Hilux and an Audi driving through the streets of Cherrybrook doing "reconnaissance" of the house in the hours before the home invasion.

Tadrosse and Stephen had access to these vehicles, Mr Balodis said.

The timing of calls made between phone numbers allegedly belonging to the two co-accused aligned with the events of that night, jurors heard.

After returning to his Kings Cross home, Tadrosse tried to establish an alibi by calling the coronavirus hotline and saying he had woken up in a cold sweat, Mr Balodis argued.

Both men deny any involvement in the events of that tragic night.

"Danny Stephen didn't murder Kalim Saliba or injure his wife Shahidy," defence barrister Karl Prince said.

Lawyer Madeleine Avenell
Madeleine Avenell SC said Tony Tadrosse rejected allegations he was at the crime scene. (Dean Lewins/AAP PHOTOS)

Tadrosse's barrister Madeleine Avenell SC said there was no doubt the home invasion was a "terrible incident" with a "terrible outcome".

However, her client also rejected allegations he was there.

If the more serious charges can't be proven, the jury can consider alternative charges of manslaughter and assault with intent to rob.

The trial continues on Tuesday.

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