The two men who broke into Luke Lembryk’s apartment during a fatal robbery-gone-wrong have both denied being the one who stabbed the Sydney man through the heart, a court has been told.
The 29-year-old was stabbed to death inside his home in December, 2019 after two men broke into his apartment in search of stacks of cash, a Supreme Court jury has been told.
After collapsing in front of his mother and telling her “I’m going to die”, Mr Lembryk died at the scene after being stabbed multiple times.
Joseph Nehme, Bilal Rahim, Viliami Taufahema and Lisa Anne Price are standing trial having pleaded not guilty to murder, while Sherene Rizk has pleaded not guilty to being an accessory before the fact to murder.
The Crown prosecution has alleged Mr Lembryk’s killing was set in motion four months earlier when he matched with Ms Price on Tinder and rendezvoused with her at his home.
Ms Price and another woman went to his William St unit where they did cocaine and drank alcohol, the court has heard.
During the drug-fuelled party, Mr Lembryk showed off “wads” of cash – an estimated $10,000 to $15,000 – and had sex with the other woman.
The court has heard that in the months following, Ms Price suggested to the friend they “should do this guy over”, however the other woman had no interest in the plan.
On December 6, police lawfully intercepted phone calls made by Mr Nehme after Ms Price passed on information about Mr Lembryk’s cash.
The Crown has alleged that Mr Nehme recruited Mr Taufahema and Mr Rahim and that the trio was guided to the unit by Ms Price.
It’s alleged by the Crown that Mr Nehme and Mr Taufahema entered via a loungeroom window looking for cash and drugs when the fatal confrontation occurred but had to flee empty-handed.
Crown prosecutor Chris Taylor told the jury on Wednesday that Ms Price phoned Mr Nehme around 4.23am that morning to discuss the job.
In that conversation, which was intercepted by the police, Mr Nehme said “we got him” before they “bolted”.
It’s alleged that during the call, Ms Price said: “So you didn’t get nothing.”
“Nothing, nothing, nothing,” Mr Nehme responded.
Mr Nehme’s barrister, David Dalton, during his opening address on Tuesday told the jury his client was the “primary mover” in the attempted robbery and was a drug addict at the time.
“Mr Nehme is disgusted and ashamed of his involvement in this offence,” Mr Dalton said.
“It’s a terrible offence and no sensible person would suggest otherwise. He accepts his responsibility for being involved in the break and enter of those premises to steal from Mr Lembryk.”
However, Mr Dalton argued that Mr Nehme did not believe that anyone was going to be assaulted or stabbed during the break and enter and was under the mistaken belief that no one was home.
Ms Rizk, in her interview with police, told officers that she had taped a knife – which she likened to a “sword” – to Mr Nehme’s back because he couldn’t carry it on his motorbike, the court has heard.
However, Mr Dalton said that sword, or machete, was later found at another man’s house and was never taken to Mr Lembryk’s home.
“He did not have a knife when he went into those premises, he did not stab anybody, he did not believe anyone with him – in particular Mr Taufahema – had a knife,” Mr Dalton said.
“The evidence will be that Mr Taufahema told him after the event that it was actually Mr Lembryk that produced the knife when confronted by Mr Taufahema.
“And it was in the course of an ensuing struggle that Mr Lembryk was in fact stabbed.”
Mr Taufahema has pleaded guilty to break and enter to commit an indictable offence.
Mr Taufahema’s barrister, Tony Evers, on Wednesday told the court his client only learned about the plot a few hours before going to the Condell Park home and denied stabbing Mr Lembryk.
“He did not cause death by stabbing Luke Lembryk,” Mr Evers said.
“He never foresaw that Mr Lembryk would be wounded. He did, however, go to Mr Lembryk’s house, broke into the house with the intention of stealing.”
The trial before Justice Richard Button continues on Thursday.
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