By Mark Russell
The key prosecution witness against two Thai nationals accused of murdering good Samaritan Luke Mitchell could not be trusted, a court has heard.
Defence barrister John Saunders told a Supreme Court jury on Tuesday that Teparat Tepsut was not an honest witness.
Luke Mitchell, who was killed in 2009.
"If Teparat Tepsut came into a room wringing wet and told you it was raining, you'd put your hand out the window to check," Mr Saunders said. "You would not accept his word for anything."
Tepsut, 31, the son of a Thai Major-General, pleaded guilty to murdering Mr Mitchell and was jailed for 15 years after agreeing to be a prosecution witness against the two other accused Thai nationals.
Tepsut admitted he was armed with a knife in each hand at the time but claimed he had been standing guard for his friends and did not take part in the attack.
Thatiya Terdputham, 40, and Sarud Seehaverachart, 32, have pleaded not guilty to murdering Mr Mitchell at Brunswick in the early hours of May 24, 2009.
Mr Saunders, for Mr Terdputham, claimed an eyewitness saw Tepsut stab Mr Mitchell twice in the chest but Tepsut denied this.
He said another witness described Mr Terdputham putting his hand on the roof of a car and jumping up to kick Mr Mitchell in the head.
"Now, the learned Crown prosecutor in his final address to you describes this as an extravagant and gross act of violence and no doubt it is," Mr Saunders said.
"It is a reprehensible activity. It is to be abhorred. No decent person thinks this is good behaviour, but it doesn't put a knife in Thatiya Terdputham's hands."
Mr Mitchell, 29, had been enjoying a night out with his sister-in-law Daniella and her friends at Brunswick on May 23, 2009, when they saw the Thai men attacking a bystander who had asked them to stop arguing with a woman outside a massage parlour.
Daniella called out to the men to leave the man alone and they confronted her before Luke stepped forward to protect her.
Mr Mitchell was punched and kicked but managed to fight back and get the better of the Thai men before being dragged away by Daniella.
Mr Mitchell, Daniella and friends then drove to the nearby 7/Eleven on Sydney Road to buy cigarettes.
Crown prosecutor Andrew Tinney, SC, said the three Thai nationals were angry and aggressive when they armed themselves with knives and a meat cleaver and went searching for Mr Mitchell.
He said the three men wanted to teach Mr Mitchell a lesson when they spotted him him at the 7/Eleven.
The prosecutor said the three men had been part of a joint criminal enterprise to kill or seriously injure Mr Mitchell in what was a frenzied attack in front of at least 14 eyewitnesses.
The trial, before Justice Christopher Beale, continues.