THE case against a man accused of firing several gunshots at a Mount Gambier home, which had seven children inside at the time, continues to weaken, the defence counsel has argued.
Zac Thorp-Millard, 26, appeared via video-link in the Mount Gambier Magistrates Court on Monday for a committal hearing, charged with discharging a firearm with intent to cause injury, annoy or frighten a person, two counts of endangering life, aggravated possession of a firearm and other firearms offences.
It is alleged Thorp-Millard was involved in the February 23 shooting on Olinda Street on Mount Gambier’s eastern fringe.
Several shots were fired at a residential address around 5.30am, with a red Holden Commodore sedan seen leaving the cul de sac a short time after.
A car in the street was marked with bullet holes.
Prosecution said another drive-by shooting allegedly occurred at the same address on February 24 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.
“On the second occasion, eye-witnesses said they saw the defendant with his arm outside the vehicle holding a handgun,” the prosecution said.
In the hearing earlier this year, prosecution revealed the residential address was occupied by seven children aged between 18 months and 18 years.
“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.”
Prosecution argued the case against Thorp-Millard was strong, but Magistrate Panagiotidis questioned the reliability of the two eye-witnesses.
Claiming submissions featured multiple discrepancies with eye-witnesses and arguing the case was largely based on retribution, Thorp-Millard’s defence counsel said the case was considerably weak and destined for trial.
In Monday’s hearing, an application for bail was put forward by defence counsel and will be discussed in court tomorrow.
“The case is weaker than what it was on the first appearance,” defence counsel said.
The matter will resume in court tomorrow.