A Sydney man who was shot eight times and left a quadriplegic identified his assailant by his voice and words, a judge has been told.
But three days earlier the confused victim had suggested his trauma surgeon “was the one who inflicted the injuries”, barrister Avni Djemal said on Thursday.
His client, Luke John Sparos, 41, was arrested in May and charged with shooting Samer Marcus with intent to murder and doing an act with the intention to pervert the course of justice.
The 45-year-old victim, said to be associated with street gang DLASTHR or “The Last Hour”, was shot outside a home on Campbelltown Road at Denham Court on the night of November 6, 2020.
Police alleged the shooting was a revenge attack for a stabbing.
Concluding the crown case was “reasonably strong” although not overwhelming, Justice Hament Dhanji refused Sparos’s NSW Supreme Court $5 million bail application.
Mr Djemal argued his client didn’t have access to a computer but needed to prepare his defence case, which included considering more than 1000 hours of surveillance tapes and 3000 listening devices recordings.
He submitted “the likelihood of a conviction is remote”, submitting people other than his client had a motive to shoot Mr Marcus.
Describing the offence as extremely serious, the judge said the strength of the crown case was central to whether Sparos was able to show cause why his detention was not justified.
“The Crown relies on evidence from the complainant who is said to have identified the applicant by his voice,” he said.
He accepted the strength of any voice identification may be called into question.
This was particularly when having regard to the fact that Mr Marcus was not so familiar with Sparos that he was immediately able to recognise him when he shook his hand at Liverpool hospital in June 2020.
But as well as simply the voice identification, there was said to be some significance in the words Mr Marcus alleged were uttered.
He said he heard the shooter say “you f***ing dog” and “payback” from jail.
The Crown alleges “the applicant had a strong motive to do harm to the complainant as a result of prior animosity”.
When they were both previously in prison, Mr Marcus was said to have used a jail-made shiv to stab Sparos.
Mr Marcus’s partner, who was present at the shooting, did not hear any words uttered. But the judge said this was potentially explainable by her diving into the back of a car and closing the door upon hearing the shots.
The Crown also contended that Sparos was in the stolen BMW used in the shooting, while Mr Djemal said a witness had retracted his statement on the issue.
Justice Dhanji said the situation with Sparos having access to a computer in jail to date was “not satisfactory”.
But it was expected the situation would ease as correctional facilities returned to something close to normal.
He made it clear his bail refusal was related to Sparos gaining access to a computer to enable him to prepare his case.