'Mad Max' shootout accounts don't add up, bail granted
A 41-YEAR-old man allegedly involved in a "Mad Max-style" shootout at Copmanhurst in March has been granted bail totalling $80,000.
Grafton Local Court granted Lloyd Herbert Death, of Copmanhurst, bail yesterday.
Death's solicitor Greg Coombes said there were differing accounts of the shootout involving Death, his brother Wade Death, 39 and Kurtis Young on Stockyard Creek Rd on March 15
He said there was an element of self defence in the actions of his client, who maintains he only returned fire after Wade Death and Young fired at him from a car.
Mr Coombes said his client had also phoned police to inform them of the incident and handed over his gun.
He said his client maintained a wound on Young's arm was caused by a dog bite, not a shotgun blast, although there was no medical evidence to prove what caused the injury.
The Crown opposed bail saying there was some evidence Lloyd Death was the initial aggressor in the incident and an account that claimed he was the person who fired first in the confrontation.
Magistrate David Heilpern described the reckless wounding charges as "hopeless".
"The victim says he was bitten by a dog," Mr Heilpern said. "The prosecution case requires it to be proved definitively."
Mr Heilpern said the accounts of the shootout were still up in the air. He said an account where there were no guns in the car was palpably wrong as there were shots fired from the car.
Other parts of the evidence, such as Lloyd Death shooting Mad Max-style at the pair while riding a motorbike, were also described as fanciful.
Magistrate Heilpern granted bail of a $40,000 from the accused and a promise of a further $40,000 from a suitable person.
The case has been adjourned to July 7 at Grafton. Other hearings involving Wade Death and Young, were also adjourned to the same date.
All are charged with firing a firearm in a manner likely to injure a person, reckless wounding, use unauthorised firearm, and possess unauthorised firearm
Police believed the shoot-out occurred following a dispute between neighbouring property owners.
The court heard Lloyd Death was outside his home when he was shot at from a car.
He hid behind a bush and broke a window to get into his house, then got a gun and fired four shots at the other two men.
Mr Heilpern said there needed to be some medical evidence about what caused the wound to Young's arm.
Grafton Local Court will hear Apprehended Violence Order (AVO) spplications involving all three men on May 26.