Zac James Thorp-Millard to appeal conviction after drive-by shooting guilty verdict

A Mount Gambier man found guilty of a drive-by shooting will appeal his conviction in the Supreme Court, after saying it was a case of mistaken identity. See the latest.

A Mount Gambier man who was found guilty of a drive-by shooting will appeal his conviction in the Supreme Court.

Zac James Thorp-Millard, 27, stood trial in the Mount Gambier District Court in March charged with two drive-by shootings.

A jury found him guilty of one count of discharge a firearm to injure, annoy or frighten for the February 23, 2020 shooting but returned a not-guilty verdict for aggravated endangering life and another count of discharge a firearm to injure, annoy or frighten in relation to a second shooting the following day.

Zac James Thorp-Millard was found guilty in the District Court in Mount Gambier of discharging a firearm to injure, annoy or frighten after a 2020 drive-by shooting. Picture: Jessica Ball

Thorp-Millard appeared on related charges in the Mount Gambier Magistrates Court on Tuesday where his defence lawyer Dylan Walsh asked for a lengthy adjournment.

“An appeal has been filed in the Supreme Court against the conviction,” Mr Walsh said.

“This matter directly relates to this appeal.”

According to court documents he will seek to have the conviction quashed and defendant released unconditionally.

“The jury’s finding of guilt with respect to count one is not supported by the evidence led by prosecution during the trial,” the document read.

During the trial heard by Judge Ian Press, prosecutor Tom Macura alleged the defendant drove to Namirra Latham and Zachary Sailor’s Olinda Court home, fired a shotgun three times into their vehicle at 5.30am.

Mr Macura also alleged Thorp-Millard returned with a handgun at around 11.30am on February 24, pulling up next to the property where the couple were in the front yard, firing around three shots at the male victim.

His defence lawyer Elizabeth Mansfield argued the female victim may have falsely identified the accused as she was reluctant to name the true offender due to criminal association.

Ms Mansfield detailed the alleged victims’ “fractured, tense relationship” with Dermott Von Stanke who she described as “our local Hells Angel”.

He continued, Mr Von Stanke was not necessarily the shooter but the interactions showed the “undesirable individuals” the couple mixed with who may have access to firearms.

Defence will make an application for permission to appeal in May, with Thorp-Millard’s Magistrate Court matter adjourned until August pending the outcome.