A Newcastle man accused of the murder of an alleged home intruder was repeatedly told the man would die if he did not stop choking and restraining him, the Crown has said.
Benjamin Batterham, 34, is accused of killing Ricky Slater over the 2016 Easter long weekend in the Newcastle suburb of Hamilton.
Batterham alleges Mr Slater entered his Hamilton home and stole his wife's handbag.
Newcastle Local Court has been told Batterham chased Mr Slater down the street and a struggle ensued.
Mr Slater lost consciousness and died in hospital after his life support was turned off.
Documents summarise case
The case made headlines around the world and it is only now that the ABC has been granted access to a summary of the Crown's case.
The summary documents were lodged to oppose an application by the defence for a so-called Section 91 application.
The application was for witnesses to attend a committal hearing, expected to focus on Mr Slater's cause of death.
The Crown's documents said the defence was seeking to have four witnesses give evidence to the hearing — issues the prosecutor said could be dealt with at trial.
Batterham 'told to stop or victim would die'
Police were told witnesses yelled at Batterham to stop and let the victim go, otherwise Mr Slater would die.
The Crown alleged Batterham crash tackled Mr Slater and put him in a choke hold, as an off-duty senior police officer watched on.
That officer allegedly warned Batterham that unless he desisted, the victim would die.
"Let him go, roll him over and get him on his back," the officer allegedly said.
The policeman said he unsuccessfully tried to pull Batterham off Mr Slater's back.
The Crown said two officers managed to get him off Mr Slater.
The tendered documents said at that point Batterham yelled to Slater, "F***ing get up, I will "f***ing finish you."
The Crown alleges Batterham then went back and stood over Mr Slater, yelling and screaming.
Victim lost consciousness as paramedics arrived
The documents went on to say that Slater lost consciousness and then stopped breathing and was rushed to hospital.
Batterham was charged with assault causing grievious bodily harm.
He allegedly spoke to police at that time.
"He was in my daughter's room … He's a dog — let me at him. Give me two minutes with him," he reportedly said.
"What would you do if you caught him in your daughter's room. Do you have kids? I should have killed him," the Crown alleges he said.
Several hours later Mr Slater's life support was turned off.
The Crown's documents stated when Batterham was told of Mr Slater's deteriorating condition, he slumped his head in his hands and appeared upset.
Batterham's defence barrister Winston Terracini has previously described the murder case against his client as "extraordinarily weak".
The matter is due to return to court in November.
