A NSW prisoner who was awaiting trial over a massive and sophisticated cocaine racket has been acquitted of organising the execution-style shooting of a crown witness.
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Luke John Sparos, 37, had pleaded not guilty to murdering Gemahl Maika by arranging for another man, known as witness F, to shoot him for payment on April 6, 2011.
The 38-year-old was shot four times in the body and once in the head outside his Glen Alpine home.
After a trial of almost three-months, the NSW Supreme Court jury deliberated for less than two hours on Thursday and returned a not guilty verdict.
Sparos represented himself for part of the trial, but in the defence opening his then-barrister Craig Smith SC warned the jury that criminals giving evidence against his client did not deserve their trust and, as a group, "are the epitome of unreliability".
Rather than Sparos being behind the execution, Mr Smith said the actual organiser was another man, known as Witness E, who was "doing 27 years" after being found guilty of importing cocaine.
Prosecutor Craig Patrick SC said Sparos was in custody awaiting trial for cocaine-related offences when he began planning the killing.
Mr Maika had become an "essential witness" against a group of people, including Sparos - who was motivated to kill him by "retribution" and the desire to send a message, Mr Patrick alleged.
But Mr Smith said his client did not organise the killing and had no involvement in it.
"The accused pleaded guilty to charges related to the importation of drugs. He did not go to trial," he said.
"Indeed, he offered to plead guilty to those charges about 10 months before (Mr Maika) was killed."
The "ruthless" shooter, Witness F, had pleaded not guilty in 2016 to committing the murder.
"He gave evidence on oath in a trial where he denied - many, many times - having been involved in the murder," Mr Smith said.
"He lied and lied to a jury just like you.
"The prosecution now calls Witness F in this trial. His words are not worthy of your trust."
Sparos, who was still in custody on Friday, has already served his non-parole period of nine years of a 15-year term.
The District Court sentence was imposed in October 2011 after he pleaded guilty to supplying and importing cocaine.
Judge Andrew Haesler said Sparos played a senior role in an enterprise that was well planned and of some sophistication.
"He expected, and received, a substantial reward," he said.
"He wanted the lifestyle; the underworld prestige. His words from his letter to me are that he was caught up in the hype."
Australian Associated Press
