The jury in the trial of three people allegedly involved in a Canberra shooting has been discharged after roughly two days of deliberations proved fruitless.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Sugimatatihuna Bernard Gabriel Mena, the man accused of shooting the victim in the face, is now set to apply for bail, with a retrial unlikely to occur until next year.
Prior to Justice Chrissa Loukas-Karlsson discharging the hung jury on Friday, Mena had been on trial in the ACT Supreme Court for more than two weeks.
The 24-year-old pleaded not guilty to charges of attempted murder, an alternative allegation of intentionally inflicting grievous bodily harm, and unlawfully discharging a firearm in an act endangering life.
He and co-accused Bradley Joe Roberts, also 24, and Rebecca Dulcie Parlov, 25, all denied a joint commission charge of aggravated burglary.
Crown prosecutor Trent Hickey's case was that the trio invaded the Spence home of a drug dealer, who was on parole, early one morning in March 2021.
Mr Hickey claimed they were looking for the dealer's driver, who was rumoured to be "a kiddie fiddler", because they wanted to address the "made-up" gossip.
The prosecutor told the jury that once the accused found this man at the house, Mena shot him in the face, stomach and left arm with a rifle.
MORE COURT AND CRIME NEWS:
Mr Hickey's key witnesses during the trial were the victim, whose jaw was "broken into small pieces" by one of the bullets, and the drug dealer who occupied the Spence house.
Both of them identified the accused trio as the intruders and claimed Mena was the shooter, though the victim backflipped during his testimony on claims he had seen "Sugi" firing at him.
He eventually said he did not remember seeing Mena's face on the morning of the incident.
Counsel for the accused argued there was no proof their clients had even been at the scene at the time in question, suggesting the trio had been falsely nominated as the intruders.
Barristers James Sabharwal, Keegan Lee and Mary Keaney all cast aspersions on the credibility and reliability of the key witnesses, describing the pair as liars.
Mr Lee also called the motive alleged by the Crown "implausible", suggesting gang-related "dramas" that had "nothing to do with the accused" could actually be behind the shooting.
There was evidence during the trial that the victim had quit the Satudarah outlaw motorcycle gang, and Mr Lee said the shooting might have been connected to the man's departure.
After a little more than a fortnight hearing evidence and submissions, the jury retired to deliberate on its verdicts around lunchtime on Wednesday.
Two days on, its members sent Justice Loukas-Karlsson a note to say they were "unable to make a unanimous decision on each count".
The judge then questioned the jury forewoman, who told her jurors "felt that there was no more discussion that could be had to come to an agreement".
With the jury of 12 hung, Justice Loukas-Karlsson formally discharged its members and thanked them for their "patience, attention to detail and good humour during the trial".
"A hung jury is not a failure of the criminal justice system," the judge told them.
"It is a success because each and every one of you has stayed true to your oath or affirmation to give a true and correct verdict."
Once the jury had gone, Mr Sabharwal said he would soon have a bail application to make on behalf of Mena.
Mr Hickey, who said he anticipated the other accused may also make one, signalled there would be a retrial.
He asked Justice Loukas-Karlsson to place the matter in an administrative list next Monday, when the process of setting new dates is set to begin.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark canberratimes.com.au
- Download our app
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter
- Follow us on Instagram