Glen McNamara's barrister says Roger Rogerson murdered Jamie Gao

Former NSW detective Glen McNamara has accused his former police colleague Roger Rogerson of murdering Sydney student Jamie Gao "in cold blood" and then threatening to kill him and his family if he refused to help him cover up the crime, a court has heard.

In an extraordinary opening address to the murder trial of Mr McNamara and Mr Rogerson in the NSW Supreme Court on Tuesday, Mr McNamara's barrister, Charles Waterstreet, also told the jury that his client had not been involved in Mr Gao's drug dealing but was simply interested in him as a source for an upcoming book about Asian triads titled The Ice Age.

But the evidence to support these claims may not be heard for weeks, after the judge in the murder trial discharged the jury for legal reasons.

"Glen McNamara says that he's not guilty," Mr Waterstreet told the NSW Supreme Court before the jury was discharged "He says that he saw Roger Rogerson pull out the gun that he had a discussion with Mr Gao about the drugs and that Mr Rogerson shot Mr Gao in cold blood.

"Glen McNamara says that he knows nothing about having any gun in the shed or when he came into the shed. He had no idea he would pull a gun on Mr Gao. He was at all times, from beginning to end, the property of Mr Rogerson."

Mr Waterstreet went on to say that, after killing Mr Gao, Mr Rogerson pointed the gun at his client and "threatened to kill him and his family".

"Mr McNamara has two daughters and Mr Rogerson knew that. Mr Rogerson threatened to kill Mr McNamara and threatened to kill his daughters if Mr McNamara did not comply."

He said that Mr McNamara was in fear that Mr Rogerson would carry out his threat and that his actions from that point were conducted under "duress".

The Crown alleges that, after killing Mr Gao, Mr Rogerson and Mr McNamara dumped his body in the ocean off the coast of Cronulla the next day.

In response to the Crown's claim that Mr McNamara had met with Mr Gao on a number of occasions prior to the murder, Mr Waterstreet claimed that his client was doing research for a book.

He alleged that Mr Gao had been a member of the Sydney-based Asian triad Sing Wah prior to his death, and that Mr McNamara's book was about the role of the triads in importing and selling the drug ice.

"Mr Gao was a valuable source for Mr McNamara as a writer and he kept notes of all his meetings with Mr Gao," Mr Waterstreet said.

"The activity of Mr McNamara is one of innocence and one of duress. And one wonders – what do you do?"

Mr McNamara and Mr Rogerson are accused of murdering Mr Gao on May 22 last year in a south-west Sydney storage shed.

Four days later, police allegedly found 2.78 kilograms of the drug ice stashed in Mr McNamara's car. The Crown suggests the drugs were stolen from Mr Gao by Mr McNamara and Mr Rogerson, and that this was part of their "joint criminal enterprise" to kill or cause serious injury to Mr Gao.

But Mr Waterstreet said that his client had deliberately left the drugs there as "a trail of breadcrumbs" for the police to find. 

Earlier, Crown prosecutor Chris Maxwell, QC, showed a series of still images from CCTV footage which he said would be help to prove beyond reasonable doubt that both men shot and killed Mr Gao.

This included images allegedly showing that about 40 minutes before the murder, Mr Rogerson and and Mr McNamara visited the Padstow unit block, going into and out of the storage unit in which Mr Gao was about to be killed.

"Something unusual is happening you might think in unit 803 at this time shortly before Jamie Gao meets his death in the unit and it involves both men," Mr Maxwell said.

At 2.15pm Justice Geoff Bellew discharged the jury for legal reasons which cannot be reported. Another jury is expected to be impanelled, however this is expected to take a number of weeks.

Read more: http://www.smh.com.au/nsw/glen-mcnamaras-barrister-says-roger-rogerson-murdered-jamie-gao-20150728-gimf5l.html#ixzz3hFjf5CD3

Roger Rogerson and Glen McNamara on trial over murder of Jamie Gao in storage unit

AMY DALE CHIEF COURT REPORTER THE DAILY TELEGRAPH JULY 28, 2015 4:50PM

Source File here

McNamara’s barrister claims Rogerson killed Jamie Gao ‘in cold blood’
Rogerson then allegedly threatened McNamara’s family

Receipt for used car Gao’s body was in found in McNamara’s house

Jury shown CCTV images of alleged planning of murder

THE jury in the murder trial of Roger Rogerson and Glen McNamara has been discharged, a day after opening addresses began.

Justice Geoffrey Bellew told the 15 men and women this was due to “a legal issue which has arisen.”

“I have to make an order discharging you,” he told them.

“It would be inappropriate for me to go into reasons.

“Sometimes these things happen. It’s important both the accused in this case receive a fair trial.”

Earlier the court heard Rogerson shot Jamie Gao “in cold blood” and turned the gun on Glen McNamara, threatening to kill him and his family, McNamara’s barrister claimed in his opening address to the jury.

Image tendered to court allegedly showing Rogerson and McNamara dragging a silver surfboard bag out of the unit and into a car. It is alleged Gao’s body was inside to bag. Picture: Supplied

Jamie Gao had told his cousin shortly before his death that “street level dealing is below him”.

Rogerson, 74, and McNamara, 56, have pleaded not guilty to murder and supplying a large commercial quantity of a prohibited drug, the 2.78kg of methylamphetamine, known as ice.

Mr Maxwell led the jury through the series of images that shows McNamara, Rogerson and Gao arrive at Rent a Space Padstow after 1pm on May 20 last year.

The jury heard that McNamara and Rogerson appear to test the roller door four times in the 30 minutes “shortly before Jamie Gao meets his death in the unit”.

Roger Rogerson is alleged to have shot Jamie Gao in cold blood. Picture Craig Greenhill

CCTV footage shows Rogerson park his car behind McNamara’s at the storage unit before Gao’s body is removed in a silver surfboard bag.

Mr Maxwell said there is further footage of the pair buying a two tonne chain block at a Taren Point store, in Sydney’s south.

Gao’s body was discovered 2.5km offshore in Cronulla, six days after he was shot.

Glen McNamara is led out of a prison van at the King St Courts. Picture: John Grainger

The jury heard a search warrant of McNamara’s Cronulla apartment found the receipt for the white Falcon, which had been purchased in the name Turnbull, the keys to that car and the access code for the storage unit.

Mr Maxwell said to the jury that at the conclusion of the evidence “you will be satisfied beyond reasonable doubt of the guilt of both of the accused for murder and supplying a large commercial quantity of methylamphetamine”.

The Crown has already told the jury it does not have to prove which of the men was the shooter, as they were engaged in a “joint criminal enterprise”.

The trial continues before Justice Geoffrey Bellew.

Image tendered to court showing the drug ice which was found in a pillowcase. Picture: Supplied

Jamie Gao murder trial: Lawyer for Glen McNamara says Roger Rogerson shot student in 'cold blood'

By Ashleigh Raper and staff

Posted Tue at 1:54pm

The barrister for former police officer Glen McNamara has told a Sydney court it was fellow ex-cop Roger Rogerson who shot a 20-year-old student in "cold blood".

McNamara and Rogerson are on trial in the New South Wales Supreme Court for the murder of the University of Technology Sydney student Jamie Gao.

Yesterday the court heard from the prosecution that the two men allegedly killed Gao in a storage unit at Padstow in May 2014 over a drug deal gone sour.

The crown said CCTV cameras captured Gao entering the Rent-A-Space storage unit at 1:45pm on May 20 and 33 minutes later Rogerson and McNamara were seen dragging a silver surfboard bag from the shed and lifting it into a station wagon.

Gao's body was found floating in the sea by a fisherman off Cronulla six days later.

The body was in a silver surfboard bag which was bound in a blue tarpaulin tied with ropes.

In an opening address to the jury, defence barrister Charles Waterstreet, representing McNamara, said it was Rogerson who shot Gao twice in the shed and then threatened to kill his client.

He said McNamara's actions after Gao's death were undertaken in the shadow of that threat.

Mr Waterstreet said his client had "good cause to be afraid" and that Rogerson also threatened to kill McNamara's two daughters.

Earlier, the prosecution claimed that both men took part in planning the murder of Gao, but Mr Waterstreet told the court that McNamara "took no part in planning any murder".

The defence also said McNamara had "no idea" that Rogerson would bring a gun to the shed.

"The gun was at all time Mr Rogerson's ... from beginning to end," Mr Waterstreet told the court.

Yesterday, the court was told Gao met McNamara at a Sydney hotel and that they met on a number of occasions at a Hurstville hotel on the night and in the weeks before his death to arrange a major drug deal.

Crown prosecutor Chris Maxwell told the court Gao went to the meeting carrying 2.78 kilograms of methamphetamine, known as ice, and this package was found in McNamara's car two days after Gao's remains were found.

Jamie Gao death: Roger Rogerson and Glen McNamara hatched murder plot to kill student, court hears

By Jessica Kidd

Updated Mon at 6:41pm

PHOTO: Police allege Jamie Gao, 20, was killed during a drug deal gone sour. (Supplied: New South Wales Police)

MAP: Sydney 2000

Two men who allegedly killed Sydney student Jamie Gao during a drug deal hatched the plot as a joint criminal enterprise, a court has heard.

Roger Rogerson and Glen McNamara today went on trial in the New South Wales Supreme Court for the murder of the University of Technology Sydney student.

The court heard the two men allegedly killed 20-year-old Mr Gao in a storage unit at Padstow in May 2014.

In his opening address, crown prosecutor Chris Maxwell told the court CCTV cameras captured Mr Gao entering the Rent A Space storage unit at 1:45pm on May 20.

At 2:18pm on the same day, the same footage showed Rogerson and McNamara emerging from the storage unit, dragging a silver surfboard bag and lifting it into a station wagon.

The crown told the court Mr Gao's body was found by a fisherman floating in the sea off Cronulla six days later.

The body was in a silver surfboard bag, which was bound in a blue tarpaulin tied with ropes.

PHOTO: Glen McNamara and Roger Rogerson are on trial for the murder of student Jamie Gao. (ABC News: Vincent de Gouw )

The crown told the court a post-mortem conducted on the body revealed Mr Gao died of wounds caused by a 0.25-calibre handgun, and the doctor who performed the procedure would give evidence at the trial.

"He will say the cause of death was by two gunshot wounds to the chest, one of which perforated a major artery to the heart," Mr Maxwell said.

Mr Maxwell told the jury it was the crown's case that Mr Gao was murdered during the period after he entered the storage unit and when his body was dragged from the shed by the accused.

"What is abundantly clear is that Mr Gao was shot down behind closed doors at a point in time during this period," he said.

He told the jury the crown would not be able to establish which of the accused men was the shooter, but said that was not necessary to prove their guilt.

"Both were part of a joint criminal enterprise to kill, or cause serious injury, to Jamie Gao," he said.

Court told Gao met McNamara at a Sydney hotel

The court also heard that Mr Gao met McNamara on a number of occasions at the Meridien Hotel in Hurstville on the night, and in the weeks, before his death to arrange a major drug deal.

Crown prosecutor Chris Maxwell told the court Mr Gao told his cousin that "street-level drug deals were below him" and that "if you're going to do a deal you're better to do it in one big go".

The court heard that Mr Gao told his cousin that the deal with McNamara was "going to be massive" and that it "he was going to be rich".

Mr Maxwell told the court Mr Gao went to the meeting carrying 2.78 kilograms of methamphetamine, known as ice.

"He went to that meeting and stepped into that storage shed with the expectation that what was going to happen there was going to make him very rich," he said.

"Instead he was shot and killed ... and his body dumped out to sea."

Mr Maxwell told the jury the ice that Mr Gao took to the storage shed was later found in two separate parcels in McNamara's car at the Cote D'Azur apartments at Cronulla two days after Mr Gao's remains were found.

The drugs were secreted in two brown pillow cases, one of which was in a backpack found in the car.

The court heard Mr Gao first met Glen McNamara in early 2014 when he was acting as a Cantonese interpreter for a friend who was facing drugs charges.

Mr Gao's friend hired McNamara as a private investigator.

The crown will continue its opening address on Tuesday.