Teen killing was 'crime of passion'

Crown prosecutor Michele Williams, SC, told the jury during closing arguments yesterday that Leon Borthwick had intentionally killed Mark Zimmer on November 16, 2008, out of jealousy over Mr Zimmer's relationship with his former girlfriend of two years.

Borthwick allegedly drove his mother's van on to the wrong side of Ormond Road, Narre Warren, and struck Mr Zimmer, 19, about 12.30am after making several threats against him leading up to and on the night.

Borthwick pleaded not guilty to murder, claiming Mr Zimmer's death was an accident.

Ms Williams submitted that Borthwick had singled Mr Zimmer out of a group standing at the side of the road when he hit him with the car and drove off.

"Three people were on the road, and he just happened to get the one person he'd been threatening to kill," Ms Williams said. "I've got to say, he's either pretty lucky or pretty unlucky."

She described Borthwick, 18, as on an "emotional rollercoaster" when, just after 10pm he telephoned Mr Zimmer to say he was going to his house at midnight and made a "clear threat to kill him".

A scared Mr Zimmer contacted police but was told they could not help him. He woke his father and told him what had happened, then armed himself with a crowbar and went to Borthwick's house with a group of friends. It was there he was later killed in the street before Borthwick "ran and hid", the Supreme Court heard.

"Crimes of passion happen," Ms Williams told the jury. "I want you to look at the way the accused reacted to that and the way he acted on the 15th. He was an angry, possessive, jealous man who killed Mark Zimmer deliberately."

She said an innocent man would have applied the brakes or steered the car to avoid hitting Mr Zimmer. He also might have stopped at the scene, she said. "An innocent man would not hide. An innocent man would not hide the car. An innocent man would not say: 'How am I going to hide the evidence and get rid of the car?' They're all the things of a guilty man, a man who was conscious of his own guilt."

She told the jurors that if they were not satisfied Borthwick had committed murder, he could be found guilty of manslaughter by criminal negligence.

Defence lawyer Carmen Randazzo referred to her client as "a young boy who has been accused of going out and murdering someone".

She said it was the Crown's duty to either find him guilty beyond reasonable doubt of every element of the offence, or to acquit him.

"Our whole criminal justice system rides on you, the jury, getting it right," she said.

"The life and fate of Leon Borthwick, a young man now, barely 18 at the time, rides on you, the jury, getting it right."

Ms Randazzo will continue closing arguments before Justice Katharine Williams today.