Prosecutor Mike Smith said the Crown case was that the older brother wielded the knife that stabbed and killed Peihopa and the younger brother aided and abetted him by getting involved in the fight and distracting Peihopa.
Smith said the younger brother tried to kick or trip Peihopa as he and the older brother faced off. And after Peihopa was stabbed and laying in the gutter the younger brother then kicked him.
He said CCTV footage from the night and audio recordings, as well as witnesses' statements, clearly showed what had happened. It included footage from council cameras and from businesses in the area and people who had recorded parts of the brawl that had erupted between the two groups of people Peihopa and the accused were with that night.
At some stage during this initial confrontation, Peihopa hit somebody with a bottle, which did not break.
Smith said the audio clearly has the older brother asking an associate for a blade, twice, and is then heard saying 'I'm going to shank (stab) the motherf*****''
He said this clearly showed the state of mind of the man - he intended to stab Peihopa and knew that by doing so he may die, or that he knew his actions may cause serious injury, and that injury could lead to death, and was reckless by continuing with the actions.
Smith said the two brothers worked together to corner Peihopa outside Baccio bar, which allowed the older brother to stab him.
Smith said the older brother confronted Peihopa and swung at him a number of times, with the knife going into Peihopa's chest with such force it fractured a rib, punctured a lung and severed his pulmonary artery - which provides blood to the lungs, then hit his spine. Peihopa staggered away then collapsed into the road and fell into the gutter.
Smith said the knife can be clearly seen in the hands of the older brother, glinting in the CCTV footage as he advanced towards Peihopa and it was clear that the younger brother had seen the knife, but continued on regardless.
Steven Lack, the lawyer for the older brother, said his client was grossly intoxicated and had been huffing nitrous oxide (nangs) that night and did not have any time to form any murderous intent.
There were three seconds from when the older brother and Peihopa faced off to when the fatal wound was inflicted.
"That (stab) was a split second that cost a man's life. There was no plan for that to occur, there was no forethought.''
Lack said the CCTV shows his client initially waving the knife up and down at Peihopa, rather than a stabbing motion, and this showed there was no real intent to stab him in the chest.
He said the stabbing occurred when Peihopa grabbed his client by the clothing and threw him with force onto the road. Lack said the man had lost his footing and had no control over where the knife was going to hit Peihopa. It was, in effect, a tragic accident with no intention to kill.
''In that split second when the stabbing occurred (his client) did not appreciate the consequences of his actions,'' Lack said.
He said his client acknowledged that he inflicted the fatal blow, but said there was no murderous intent and he must be instead found guilty of manslaughter.
Ron Mansfield KC told the jury, his client, the younger brother, was not involved in the causing of the fatal injury.
Mansfield said the teenager, who was just 17 at the time of the incident, was hanging with his older brother when they became involved in the street fight. He said the younger brother simply went to help his older brother when he saw Peihopa advancing on him, and found himself in a situation where he was out of his depth.
Mansfield said the Crown had to prove that his client knew that his brother's actions would kill Peihopa or that he knew they could seriously injure him, and that could result in death, but he recklessly continued.
But, he said, there was no evidence at all that his client had made any plans with this brother to stab Peihopa and there was no evidence that he even knew his brother had a knife.
Mansfield said the crucial three seconds was the important part the jurors needed to pay extreme attention to when deliberating. He said this would clearly show that his client was not directly involved.
Mansfield said his client saw Peihopa deliver a powerful punch to his brother when they clashed and he then went to help his brother, who he adored and idolised.
He said the suggestion that his client was culpable in the murder, or that he played any part in it, was absurd.
Mansfield said the only proper verdict for his client, given the evidence, was not guilty to murder and not guilty to manslaughter.
