Albert James Miller pleaded not guilty to Woodville Gardens robbery
A man has failed to have his case thrown out after he allegedly wore a balaclava in a violent robbery where a large machete was wielded at staff.
West & Beaches
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A man has denied his role in a gift shop robbery – where staff were threatened with a machete – as his lawyer tried to have the case thrown out.
Albert James Miller, 22, was unsuccessful in his bid to have his charge dropped, saying there wasn’t enough evidence to prove he was involved.
His co-accused, Ethan David Keipert, 23, pleaded guilty to robbery last month while Nathan John Kartinyeri, 25, and Remi Davis Anderson, 20, pleaded not guilty to the same charge.
The court previously heard the four men drove to a Woodville Gardens gift shop on May 20 in a car which had false plates.
Mr Miller and Mr Kartinyeri exited the car wearing all black and face coverings.
“Mr Kartinyeri was wielding a large machete at the employees in the gift shop telling them not to move,” a prosecutor said.
The prosecutor said Mr Miller can be seen on CCTV climbing over the counter and taking over $30,000 in cash from the draws behind the till.
With Mr Keipert and Mr Miller allegedly acting as the getaway drivers, the men then drove off and went back to Mr Keipert’s Devon Park house.
A prosecutor agreed it was a circumstantial case for Mr Miller but they were relying on Mr Keipert’s girlfriend’s identification of him.
The prosecutor said Mr Miller was identified by Mr Keipert’s girlfriend in the driveway next to the getaway car before and after the alleged robbery.
Tim Clarke, for Mr Miller, said there was no DNA or fingerprint evidence linking his client to the robbery.
Mr Clarke said CCTV footage of the alleged robbery was not sufficient for the identification of Mr Miller and no one saw him get in and out of the car.
“The footage shows two people dressed entirely in black … with balaclavas on,” he said.
“It is entirely open that somebody other than my client was in the car and committed the offence.”
Chief Magistrate Judge Mary-Louise Hribal said the evidence was a “little thin” but found a case to answer.
Mr Miller, of Croydon, pleaded not guilty to robbery and will face the District Court for arraignment in March.
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