The NSW Supreme Court jury in Justin Stein's trial is hearing a summing up of the case before they are expected to begin deliberating on their verdict on Thursday.
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Charlise Mutten's accused killer changed story at every stage to 'cover his guilt' for her murder, court told
The alleged killer of Charlise Mutten changed his story at every turn to cover "his guilt in the murder" of the nine-year-old girl, a court has been told.
In his closing submissions to the jury on Wednesday, Crown prosecutor Ken McKay SC said Mr Stein's claim that it was Kallista Mutten who killed her own daughter was "nonsense" .
On the defence case, Mr Stein said he heard Ms Mutten shoot Charlise twice while he was in the shed on the Mount Wilson property between 9 and 9:30pm on January 12.
Mr Stein initially told his mother "everything happened" in the early hours of January 13, during a phone call recorded while he was in custody.
Mr McKay accused the 33-year-old of "adjusting" the day and the timing of when he claimed to have witnessed the murder, to fit the police brief of evidence, which he received before the trial.
Mr McKay also questioned Mr Stein's claim that the girl's mother had managed to disappear with a 33.5-kilogram child, a rifle, pick up two firearm cartridges and dig a up section of dirt containing the girl's blood in complete darkness within a 10-minute period.
Mr McKay said Mr Stein sent text messages to Ms Mutten late on January 13 suggesting that Charlise may have been taken by ex-affiliates from his criminal past, while he was "pretending" to look for Charlise.
Its alleged Mr Stein later deleted Facebook messages he sent to Ms Mutten, that if she called police the girl could be killed by those ex-associates.
A story the prosecution said he made up "to give himself enough time to dump her body".
"He's looking for water ... boat ramps ... the Colo River ... that's what he's looking for."
Mr McKay also told jurors that when Mr Stein parked at Drummoyne boat ramp for three hours on the same night, he was "desperately" trying to contact Ms Mutten because he wanted to "manipulate" her into not calling the police.
"When he comes back to Mount Wilson [he tells Kallista] you can now call police."
Mr Stein claimed Charlise was not shot with a stolen .22 BSA rifle found buried in the Blue Mountains bushland with his fingerprints on it, but another different stolen rifle of the exact make, which had never been found.
In closing submission for Mr Stein's defence, barrister Carolyn Davenport SC described Kallista Mutten as an ice-addict and an attention seeker.
She told jurors the mother had previously written a note to her psychiatrist, describing how she becomes "psychotic" after being rejected by the ones she loves.
Ms Davenport said Charlise's request to stay with the accused at Mount Wilson on January 11 was the "last straw" for the mother.
"There is clear evidence there ... that over that period of time she was feeling rejected by Justin and probably by Charlise," Ms Davenport said.
"That may have been the last straw."
Ms Davenport SC told jurors "Kallista Mutten was never going to win the mother-of-the-year awards" and accused her of killing the child to win back her partner's love.
Ms Davenport said her client admits that he lied to police to "protect himself" after dumping the body but that doesn't mean he is "responsible for her murder".
The jury is expected to retire on Thursday to begin deliberating their verdict.
Justin Stein’s lawyers claim Charlise Mutten’s mother killed schoolgirl because she wanted ‘attention’, jury told
Justin Stein’s lawyer has told a jury there is “no reasonable possibility” he could be found guilty of murdering schoolgirl Charlise Mutten.
Instead, Carolyn Davenport SC told the NSW Supreme Court jury that the girl’s mother, Kallista Mutten, shot her daughter twice to “gain attention”.
“My submission to you is the accumulation of the things happening in Kallista Mutten’s life that week … taking ice every day, being rejected by Justin Stein, being rejected by her daughter and knowing she was no longer able to go and live at Mount Wilson had a cumulative effect upon her,” Ms Davenport told the jury in her final argument on Wednesday.
“In order, who knows, to gain attention, to win Justin Stein back, she killed her child.”
