'MURDER' TWIST: Man allegedly shoots at dead man's cousin
SHOTS were allegedly fired in a Noosa Rd confrontation, linked in Gympie Magistrates Court yesterday to last month's alleged murder of a man at the Monkland St-Bruce Highway intersection.
James Allan Crichton Smart, 24, was denied bail when he appeared in the court by video link from jail.
The court was told he had shot at the dead man's cousin as the cousin drove on Noosa Rd on October 14. The ambush backfired when Smart's victim did a U-turn and drove at him, forcing Smart to leap out of the way and run from the scene, the court was told.
Smart's solicitor told the court Smart's brother, Alex Robert Smart, was the accused in the murder case. It was a connection which magistrate Chris Callaghan said appeared to suggest a hidden dimension.
"So the argument;s going to be that this bloke set up your client?" Mr Callaghan said.
Smart's solicitor, Chris Anderson, told the court of the connection betwteen the two cases and said his instructions backed up the allegation Mr Callaghan referred to.
The police investigation had not found any weapon so far, Mr anderson said.
"The matter is to be defended," he said.
Mr Callaghan said Smart was charged that on October 14 he attempted "to strike (his allegedly intended victim) with a projectile to cause grievous bodily harm."
Mr Callaghan said police alleged the victim was "driving along Noosa Rd, Gympie."
He had slowed down and had seen Smart.
He had known Smart for eight years, "so there's no question of identification," Mr Callaghan said.
"He hasd seen Smart standing on a grass verge and saw him reach into the front of his pants and pull out a firearm.
"He allegedly saw Smart raise the firearm and point it towards him, heard a gunshot and says he smelt gunpowder as he drove past.
Police prosecutor Lisa Manns said the victim did a U-turn and "returned to where Smart was standing, mounted the grass verge and drove towards (Smart) who still had the firearm raised and pointed at him. "Smart jumped out of the way and ran off," she said.
Refusing bail, Mr Callaghan said Smart was already on bail and had been charged with other offences on eight separate occasions.since he first got bail on drug charges.