and his
criminal associate Pasquale Barbaro.
He was asked about his whereabouts and knowledge
of the killings by detectives from the Operation Purana taskforce investigating
Melbourne's underworld killings.
Detective-Sergeant Stuart Bateson told Melbourne
Magistrates' Court earlier that security camera footage showed a balaclava-clad
man with a shotgun being dropped at the scene in a white Toyota Hiace and
running towards the victims' van.
The footage, from the Cross Keys Hotel security
camera, then showed the man running from the carpark and into parkland.
Det-Sgt Bateson said Mr Hentschel, of Cheltenham,
and Victor Brincat, 43, were arrested in a white Toyota Hiace van a short time
after Marshall was shot.
"(The van) is identical in appearance to
that which is depicted on security camera footage from the Cross Keys
Hotel," he said.
The court heard the white van the pair were
arrested in belonged to Mr Hentschel.
Det-Sgt Bateson said witnesses at the Moran
murder scene had helped police develop photofits of the driver of the white van.
"And that description is very similar to the
respondent (Mr Hentschel)," he said.
Det-Sgt Bateson told the court Purana detectives
had established similarities between the Marshall and
Moran murder cases, including:
A LONE gunman assisted by a driver was
responsible in each case.
THE assailants were lying in wait for the victims
in both cases.
THE gunman was dropped at the scene by his driver
in both cases.
THE gunman fled on foot in both cases.
THE calibre of the guns used in each case was
identical.
WITNESSES to each crime have given similar
descriptions of the gunman and driver.
The court heard police would allege Mr Hentschel
used his own car to drop off the gunman who killed Marshall.
Defence lawyer Nicola Gobbo said Mr Hentschel had
been in solitary confinement since his arrest for his own protection.
Magistrate Clive Alsop ordered Mr Hentschel's
transfer into the custody of police for up to eight hours so they
could interview him at the St Kilda Rd police complex.
Mr Hentschel, wearing a grey tracksuit and
glasses, agreed in court that he understood he had the right to refuse to answer
questions.
Mr Hentschel was returned to the custody centre
by detectives after three hours.
On May 12, 2004 a court was also told that
police recorded the movements and conversations of Brincat
and Hentschel in the nine days before Marshall's death.
On the way to Marshall's house the pair allegedly
discussed what type of firearm to use, where Brincat would be let out of the car
and picked up, and the need for Brincat to
shower and change his clothes.
The court was told that witnesses saw a man
fitting Brincat's description fleeing the scene
of the shooting.
On March 1, 2005, two gangland murder hearings
(Marshall's and Moran's) were held
simultaneously because the case against the three accused relied on the evidence
of a supergrass known as Mr X.
In January Mr X had been sentenced to a minimum of 10
years' jail for his involvement in Marshall's murder.
In his opening, prosecutor Geoff Horgan, SC, said
Mr X would give evidence that he carried out surveillance on the home of Michael
Marshall on at least 30 occasions before the murder.
He Carl Williams
ordered the murder of Marshall, who was involved in the illegal drugs trade,
but said the motivation for the killing remained unclear.
"(Mr X) will say that the murder was
organised by Carl Williams and he engaged Victor
Brincat," Mr Horgan said.
At the time of the killing, Brincat
was the partner of Michelle Mircieca, Williams' sister-in-law.
Mr Horgan said the car carrying Mr X and Brincat
was under police surveillance in the period before the murder.
"Marshall pulled into Joy Street, South
Yarra, with his five-year-old son beside him in the front," Mr Horgan said.
"Brincat ran forward and at almost contact
range, if not contact range, fired four to five shots, leaving him (Marshall)
dying on the roadway."
He said Brincat
ran from the scene before he was picked up by Mr X and the pair drove to a flat
in Melbourne's south.
Mr X, called
Williams to tell him the job had been done.
"Listen, I think that horse got scratched.
The one that ah, you . . . tipped me for".
They were to meet Williams,
but were arrested in Elsternwick within hours and it was
not long before Mr X turned informer, the first of Williams' cronies to break
the criminal code of silence.
Later in 2005 Carl Williams
was convicted of Marshall's murder.
The hearing was conducted in
secret, its' result not revealed until February 2007.
On June 28, 2006, the Age reported that two Victorian policemen
were being investigated over their connection to a
lucrative hot dog business that made up to $10,000 each weekend.
St Kilda senior sergeant Rick Lewis and Oakleigh
Detective Sergeant David
Brodie were believed to be involved in Shot Dogs, which operated vans outside
some of Melbourne's most popular night spots.
A Victoria Police spokeswoman confirmed that the ethical standards
department was probing claims that Shot Dogs paid off-duty officers cash to
sell hot dogs and marked police cars had been seen delivering bread rolls and
other food to vans when supplies ran low.
Senior Sergeant Lewis was registered as the company's original director
when Shot Dogs was established in 1995.
Australian Securities and Investments
Commission records revealed that he had since transferred the business into his
wife's name.
Sergeant Brodie's wife was also listed as a director, with a 50 per cent
holding in the company.
Another policeman, St Kilda sergeant Chris
Lim, helped to establish the
business but withdrew a few months later.
Sergeant Lim was being investigated
by Victoria Police's ethical standards department over his interests in a
property company, in which a fellow investor is an associate of prominent
underworld figure Mick Gatto.
Police need permission to engage in outside work.
The hot dog business had six vans near venues including the
Palace and the George in St Kilda and the Motel and the Marquee Club in South
Melbourne.
The Age had also been told that Shot Dogs bought Michael Marshall's hot dog van after he was gunned down in October 2003.
Senior Sergeant Lewis — who was sanctioned by force command in 2001 for
sending "hard core" pornographic material over the police email
system, and who was the AFL's investigations officer for nine years before an
acrimonious falling-out in 2004 — denied any involvement in Shot Dogs.
"You're way off the mark," he said. "I am not a director of
the company. I am not an employee of the company. It's my wife who runs the
show." Senior Sergeant Lewis also denied he and Sergeant Brodie bought
Marshall's hot dog van.
"Mick Marshall's hot dog van, I think, is at the state forensic
science laboratory," he said.
But sources at the Purana gangland taskforce said that, despite it
receiving a bullet hole on the night Marshall was shot, the van was never
seized for examination.
Senior Sergeant Lewis' wife, Cheryl, a criminal barrister, conceded that
Shot Dogs had been owned by her husband and Sergeant Brodie.
"They are both policemen and they had the business, but they couldn't
get it authorised (by force command)," she said. "It is not a big
deal. Police are allowed to be involved in other businesses."
Ms Lewis conceded that a Shot Dogs van started trading outside the Motel
six days after Marshall's death. "What … are you saying, that a man's
not dead a week and we take up his position? Oh well, that's business."
Sergeant Brodie did not return The Age's calls.
Victoria Police inspector David Wolf said officers seeking outside work had
to get permission from their district commander. The Victoria Police manual
states: "There must be no conflict of interest between the functions and
responsibilities of an employee and any private pursuits caused by outside
employment."
Inspector Wolf said employment in the security, gaming or liquor industries
would be considered a conflict of interest.
A register of bank accounts, debts and investments of serving officers and
their families is among several changes Chief Commissioner Christine Nixon had
called for to the Police Regulations Act, as a further tool to rid the force
of corrupt police.
More than 20 officers were reportedly being investigated by the Office of
Police Integrity over unexplained assets and lifestyles that would require
money well beyond their police income. Some are suspected of making
investments in the names of friends and relatives to try to conceal their true
wealth.
On March 1, 2007, a chilling
recording of the murder of Marshall was released by the
Supreme Court.
It reveals his killers stalking him outside his
home.
The recording was made by a police bug hidden in
the car used by the killers.
Police believe Marshall's five-year-old
son was lucky to escape when a gunman shot his father.
The gunman told police he planned to
ambush his victim inside the car, which police believe would have
resulted in the boy being shot during the attack.
"At no stage during the
altercation did I see or realise that Marshall's son was still with
him," the gunman said.
He said fugitive drug boss Tony Mokbel was prepared to pay $300,000
for the murder and put $50,000 as a down-payment.
The gunman can be heard telling his
driver to "look natural" as they approached Marshall's home
in Williams Road, South Yarra.
The transcript of the tape is as follows:
Mr A: That car could be turning off.
Mr X: Yeah that's what I'm worried about.
Mr A: Just duck down.
Mr X: Nah doing a U-turn.
Mr A: Just duck down anyway.
Mr X: (inaudible)
Mr A: Yeah and I can see everything. Oh yeah, yeah, yeah.
Mr X: Can you see down there now?
Mr A: Yeah perfect...(inaudible)
Mr X: Oh fuckin' rat. Just get down.
Mr A: Or just pretend, can you reverse out?. Go for a walk...(inaudible)
(inaudible conversation/sound of car door)
Mr A: Look natural when you sit in the car you can probably put this back over here.
Mr X: I'll see if he comes out looking or anything...That's him, ready.
Mr A: Yep. Drive faster, faster
Mr X: He's parking behind the fence
Mr A: Faster!
Mr X: You're right.
Mr A: Faster! Stop here.
Mr X: No. Here, go.
(Mr A exits the car and shoots Michael Marshall)
Mr X: Get in, get down. Nice and down, stay down. Stay down.
Mr A: Straight down, don't turn right, straight down.
Mr X: Yeah I am. (police scanner in background)
Mr X: I have to.
Mr A: mm
Mr X: Who have I got behind?
(scanner in background)
Mr X: Stay down.
Mr A: Sorry?
Mr X: Down.
Mr A: Yep.
Mr X: Do you want me to go down a side street? Stay down.
Mr A: (inaudible)
Mr X: Get down. Stay down, stay down.
(scanner in background, operator giving job of a male has been shot)
Mr X:Can you stay down?
Mr A: Yeah....(inaudible)
Mr X: Stay down there's a lot of traffic behind us and I'm just going to go up a side street here.
Mr A: Clear?
Mr X: Yeah we're right no one's behind us.
Mr A: (inaudible)
Mr X: Oh up there?
Mr A: Yeah...(inaudible)
Mr X: Yep, yep all right. You changed, ready, everything?
Mr A: (inaudible)
Click
hear to hear the police recordings of Michael Marshall's shooting
Marshall's family denied he was
a drug dealer and insist he was an innocent victim of Melbourne's
underworld war.
They refuted claims he had
unexplained wealth or links to crime.
Marshall's widow, Michelle, issued a
statement saying the police had not considered him a person of
interest at the time of his death. "The speculation arises merely
because of the manner of his death," she said.
"He was a non-gambler, non-drinker and non-smoker who lived a
normal family life. His family remain bewildered over the reasons for
his death, other than he was completely, wrongly identified as being
involved in a person's death."
He was never charged, questioned or
convicted of drug dealing and he was not a person of interest to
police at the time of his death, his family said.
The statement said that Marshall
and his wife had legitimate sources of income, including an
underground boring business used mostly for cable television.
His earnings were fully disclosed
in tax returns and assets including the home he shared with his
wife were bought with legitimate savings, they said.
On March 2, 2007, the Herald Sun ran a story
which stated that informers had implicated the estranged wife and the father of Carl
Williams in several gangland murders.
One, a notorious criminal who acted as a gunman
in the murders of Jason
Moran, Pasquale Barbaro and Michael Marshall, has told police
that George Williams was at the 2003 meeting where the Marshall murder was
planned.
George Williams said he knew of the
informer's claims and did not dispute that he was present at the
fast food outlet that day.
"So were a lot of other
people, I suppose. I didn't know about no plan.
"I know nothing about the
conversation," he said.
On
June 22, 2007, Tony Mokbel was charged with
Marshall's murder.
The charge would form part of the police application to extradite
Mokbel back to Australia, police said.
Mokbel, who is in an Athens prison fighting extradition,
had
already been charged with the murder of Lewis
Moran, who was shot
dead in the Brunswick Club on March 31, 2004.
Mokbel fled Australia while on bail in March
2006.
He was
sentenced to a minimum of nine years' jail for cocaine trafficking
in his absence.