A MOUNT Gambier family celebrated a small victory in court last week when a relative allegedly involved in a drive-by shooting was granted bail after weeks in custody.
Zac James Thorp-Millard, 24, appeared in the Mount Gambier Magistrates Court via videolink on Wednesday facing charges of 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 the defendant was involved in two drive-by shootings on February 23 and February 24 where several shots were fired at a residential address located on Olinda Street, Mount Gambier.
An application for bail was presented by defence counsel and although the prosecution was strongly against Thorp-Millard’s release, Magistrate Maria Panagiotidis granted the defendant home detention bail.
After submissions from both parties, Magistrate Pangiotidis made her decision after believing special circumstances had been established.
Thorp-Millard was considered eligible for bail by Magistrate Panagiotidis as there were multiple discrepancies between evidence and witness statements, there was a considerable delay before the matter would go to trial and the two victims would still be protected while the defendant was on home detention.
The prosecutor argued during submissions there was an evident motive behind the incident as both parties had known each other for over 20 years and there was animosity between them.
It was also revealed CCTV footage before and after both incidents were consistent with witness statements regarding the red Holden Commdore involved, what the defendant was wearing, where Thorp-Millard was at the time and the number of people he was allegedly with.
Considering there had been no change in circumstances since bail was refused in an earlier hearing, the prosecutor was strongly opposed to bail being granted.
“The bail address is a five minute drive from where the complainants live, there is a high chance of reoffending and history of non compliance,” the prosecutor said.
However defence counsel argued there was no independent evidence linking his client to the incident, adding there were credibility issues and large discrepancies.
The prosecutor alleged the defendant was the shooter as witness descriptions aligned with CCTV footage, but defence counsel said police needed to strengthen its case and made a submission his client was not present at the time of the incident.
“Witnesses are saying there was one shot, six shots and three shots fired. This is supported by 000 phone calls,” he said.
“The only people who were able to positively photograph identify the accused were both complainants.”
The defence counsel also said statements from witnesses were unreliable.
“A 000 phone call states he saw a man was of dark complexion and the car had green licence plates, which completely contradicts the accused,” they said.
Thorp-Millard was remanded on home detention bail until August 17.
The defendant was ordered to follow strict measures including firearms requirements, follow electronic monitoring conditions, supervision requirements, be subject to drug and gunshot residue testing, not to consume alcohol or drugs, not to contact directly or indirectly with the protected person and not be in 500 metres of the complainants.
