A rifle-wielding gunman wanted to say goodbye to his child and told an ex-partner he would be "going away for five to 10 years" in the aftermath of a Theodore shooting attack, prosecutors allege.
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An ACT Supreme Court trial started on Tuesday for 33-year-old Christopher Cunningham and his alleged co-offender, expectant father, 28-year-old Benjamin James Moarefi.
Mr Cunningham has pleaded not guilty to intentionally inflicting grievous bodily harm, committing an act endangering life, and possessing a prohibited firearm.
Mr Moarefi has denied aiding and abetting the alleged gunman.
Prosecutor Marcus Dyason, in opening the Crown case on Tuesday, said Mr Cunningham shot Graham O'Neil in the thigh on March 2 last year outside a house in Freda Gibson Circuit.
Taking the witness stand, the alleged victim said he'd gone to the house to speak to Alex Dimitrov. He said a friend had told him Mr Dimitrov had been harassing and threatening her over a debt.
When Mr O'Neil and his friends arrived, he said Mr Dimitrov wouldn't talk to him, so he walked away from the house towards another friend's place on the street.
Mr O'Neil said it's then he thought a Caucasian man who was standing on Mr Dimitrov's lawn shot at them. He said he didn't realise he'd been hit until he looked down and saw his leg covered in blood.
"I [thought] I scratched myself on a bush or something [when I felt blood]," Mr O'Neil said.
"There was no destination - we heard gunshots and we started running."
Prosecutors say Mr Cunningham was the one who fired the shots.
They say Mr Moarefi gave him a rifle shortly beforehand, and witnesses spotted his wife's car out the front of the Freda Gibson Circuit house.
On Tuesday, Mr Dyason said Mr Cunningham later made admissions to his ex-partners about his involvement in the attack. He said the alleged gunman told one woman, "I've done something stupid. I need to come and say goodbye to [our daughter]", and, "I'm going away for five to 10 years".
Mr Dyason said Mr Cunningham told another woman, "I shot Grot". He said she responded, "Graham?", and he answered "yep".
Mr O'Neil gave evidence on Tuesday that he goes by the nickname Grot.
In defence barristers' opening remarks, Astrid Haban-Beer - who is representing Mr Moarefi - urged jurors in the trial to objectively listen to and scrutinise evidence in the case.
She told them the prosecution had not met the bar to prove Mr Moarefi's guilt, and barrister Travis Jackson - who is representing Mr Cunningham - said the same for his client.
"There is so much grey in this trial, the Crown has not proved the case beyond reasonable doubt," Mr Jackson said.
The trial continues.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
