Hasan Dastan argued with his son before being brutally murdered in his Sydney mechanics business in December 1995, a jury has been told.

In Kubilay Kilincer’s murder trial on Tuesday, a police statement by Mr Dastan’s colleague Ismet Ozdemir was read out to the court regarding an alleged dispute between the father and son.

“(Kilincer) said they had a big fight. His father told him: ‘You f***ing idiot. I don’t want to see you down here. I’ll break your legs and have you killed’.”

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The statement from the owner of Ozdemir Budget Auto Spares recounted how Erkan Dastan, also known as Eddie, allegedly responded by saying he would kill his father first if he tried anything.

Mr Dastan was found dead in a pool of blood, his body lying partially underneath a Holden Gemini at Esy Auto Dismantlers in Blacktown on Monday December 11, 1995.

A metal pipe was shoved six centimetres into his mouth, his injuries were consistent with a bloodied sledgehammer that lay nearby, and a bloodstained revenge note with a partial footprint was found close to the body, the NSW Supreme Court jury heard.

Mr Dastan’s daughter Yasemin Sevim said the fighting between father and son got so bad that her mother Sultan Dastan temporarily moved out of the family home and police were brought in to intervene before Eddie moved out. 

On Monday, crown prosecutor Brett Hatfield said Kilincer had financial difficulties and was pilfering cash from Esy, where he worked, to pay off debts. The court also heard he had gambling problems.

Mr Dastan was about to sack Kilincer before he was killed, Ms Sevim said.

In his statement, Mr Ozdemir said a few days before the murder, Kilincer approached him seeking to borrow $1000 to repay cash stolen from his boss and a further $1200 to keep his housing commission flat. 

On the day of his employer’s death, Kilincer told Mr Ozdemir over the phone he was not involved in the incident.

“(Kilincer) said: ‘If he even hit me, I could not even lift my arm to him’,” Mr Ozdemir wrote in his statement.

Ms Sevim told the jury that theories about Kilincer murdering her father had emerged soon after his body was discovered.

“Aren’t you embarrassed to be here? Your husband just killed my husband,” Ms Dastan said to Kilincer’s wife after the couple arrived to find police, press and ambulances milling around the Blacktown business.

In 2020, Kilincer confessed to police that he had murdered his boss, Mr Hatfield said on Monday.

Kilincer allegedly claimed he went berserk, hitting Mr Dastan three times with a metal bar, throwing an automotive part called a centre differential at him, and throwing a second metal bar at his boss that may have lodged in his mouth.

However, defence barrister Ertunc Ozen SC said the so-called admission was a lie made under the pressure of a 25-year police investigation and that it did not align with the actual evidence collected on the day of Mr Dastan’s death.

Kilincer, now 60, has expressed his innocence for decades and has now pleaded not guilty to the murder. 

Despite being a suspect, forensic examination of DNA and fingerprints at the crime scene failed to connect him with the killing. Freshly washed clothing and shoes seized from his home on the day Mr Dastan’s body was found also did not contain any traces of blood.

Former Esy employee Christopher Andrews told the court he turned up on the morning of December 11 to find the front roller doors shut and Kilincer standing at the doorway. Mr Andrews left after being pushed and told to “F off”. 

Kilincer claims he was at Centrelink’s predecessor, the Commonwealth Employment Service, following up with a non-payment at the time of the incident. 

The trial in front of Justice Helen Wilson continues on Wednesday.

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Peter Fray
Peter Fray
Editor-in-chief
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