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‘What are you doing?’ victim asked killer

A Sydney man looked at his murderer and said “what are you doing in my house” moments before he was fatally stabbed, a court has been told.

Erol Tokcan, 38, was stabbed in the chest in his Dharruk home in March 2018 after Jake Burns and two other men stormed in, in a quest for marijuana.

Burns, then 22, had arrived at the door, demanded “more than a 50, motherf***er” and grabbed a friend of Mr Tokcan by the shoulder to force himself inside, the friend told the NSW Supreme Court on Tuesday

The friend broke free when the lights went out momentarily before Mr Tokcan verbally confronted Burns’ crew.

“Erol said … what are you doing in my f***ing house and then he and Mr Burns went into a wrestle,” friend David Lapika said.

Despite suggestions otherwise by Burns’s lawyer, Mr Lapika was positive the knife-wielding intruder said “I will stab you” to both him and the eventual victim.

As Mr Tokcan wrestled Burns, he gained the upper hand.

But he maintained his grip of Burns – a factor Mr Lapika put down to Mr Tokcan’s brain injuries.

After stabbing Mr Tokcan once, Burns and his two mates fled to a car with a waiting driver. All four men were arrested and charged over the murder in March 2020.

Burns, now 25, pleaded guilty to murder on October 5 while the others admitted lesser charges.

The driver, Bradley Daniel Farrell, testified on Tuesday that he agreed to drive his cousin, Burns and the third man to a marijuana dealer’s home.

The others had been drinking and his cousin wanted weed, Farrell said.

Burns was turned away from the home initially, and the group drove away, only for Burns to say “the guy’s got some, go back”.

Farrell denied a suggestion the murderer actually said: “We ought to go back and take it all and rob him.”

After driving away, Burns told the group he “stabbed a guy”.

No one responded, the driver said.

“(I) sort of didn’t even believe it, I just kept driving,” Farrell said.

The disputed facts hearing resumes on Thursday.

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