A MOUNT Gambier man accused of being the gunman in two brazen drive-by shootings in the city’s east has been refused bail despite his lawyer arguing there was insufficient evidence linking him to the crimes.
Zac Thorp-Millard, 26, appeared in the Mount Gambier Magistrates Court yesterday after being arrested in a specialist police operation on Tuesday afternoon, charged with discharging a firearm with intent to cause injury, two counts of acts to endanger life, aggravated possession of a firearm and other firearms offences.
The prosecution alleged that Thorp-Millard was involved in an incident on Sunday at 5.30am several shots were fired at a residential address on Olinda Street.
“Shots were heard and a red Holden Commodore sedan was seen leaving the cul-de-sac shortly after the incident,” he said.
“The occupants said they found that one of their cars had bullet holes.”
The prosecutor said another drive-by shooting occurred at the same address on Monday at 11.40am, which is thought to have involved the same vehicle.
“Two occupants heard a V8-type car and went to the front of the house,” he said.
“They saw a red Commodore make a u-turn adjacent to the house and speed off.”
The court heard the residents had seen the same vehicle on both occasions and on the second occasion, three people were seen in the vehicle all could not be identified.
“On the second occasion, eye-witnesses have said they saw the defendant with his arm outside of the vehicle holding a handgun,” the prosecution said.
“Cartridges were left at the scene which will be examined.”
The court heard the residential address was occupied by several children aged from 18 months to 18 years of age during the incident.
“They are all believed to be being looked after by the occupants,” the prosecution said.
“The eye-witnesses are fearful for their lives given what has happened.
“Investigations are ongoing … the vehicle involved has not been located yet.”
Prosecution said the case was strong, but Magistrate Panagiotidis questioned the reliability of the two eye-witnesses.
“The is a serious offence … we would be opposed to bail in all circumstances,” police said.
“These circumstances are part of an ongoing feud.”
The court heard Thorp-Millard had a lengthy criminal history which was as recent as December last year.
The defendant’s lawyer said home detention bail would be favourable at a Millicent address.
“I do not disagree this is a serious case, but there is no independent evidence linking my client to the offences,” he said.
“Seven to nine months ago, the defendant was in custody for allegedly assaulting a family member of the complainant.
“This is based on retribution sought …. my client does not have a licence and owns a white ute.”
The defendant’s lawyer said the case was “destined” for trial.
“This should have been investigated by police before my client was arrested,” he said.
“This case could take two to three years to be presented by prosecution in court … this is a weak case.”
Defence counsel said there was also multiple discrepancies from eye-witnesses relating to how many shots were fired and when the incidents occurred.
“You would think the complainants would be certain if they can identify the person involved,” he said.
Magistrate Panagiotidis said it was natural for differences in eye-witness statements during “frightening” circumstances.
“It is not an everyday occurrence for a shooting to happen in Mount Gambier,” she said.
The court heard Thorp-Millard was located at his mother’s house when arrested on Tuesday following a search by Mount Gambier Criminal Investigation Branch Detectives, assisted by local patrols, STAR Group officers and Dog Operations Unit members.
“A guilty person would not be sitting at his mum’s house…he was not fleeing the state,” the defendant’s lawyer said.
“I am not trying to be a dead horse… the credibility of evidence should be questioned.
“The shooter who was involved is still in the community.”
Prosecution said the case was as “serious” as it could get and was “seriously irresponsible”.
“The defendant has convictions which proves he drives unlicensed,” he said.
“Six months ago he was found with a firearm in the front seat and centre console of his car.”
Magistrate Panagiotidis refused to grant bail and allowed four months for prosecution to process DNA found on cartridges left at the scene.
Thorp-Millard will next appear in court on June 22.
