Kurralta Park shooting accused Malise Schalk refused bail in Adelaide Magistrates Court

Prosecutors will have an “insurmountable difficulty” proving a woman accused over a shooting amid a drug deal gone wrong had intent to kill, a court has heard.

Police investigating the shooting at Kurralta Park in January.

A woman charged with attempted murder during an alleged drug deal “gone wrong” was a “fool for hanging around certain people” but had no active role in shooting, a court has heard.

Malise Schalk, 32, of Taperoo, appeared in the Adelaide Magistrates Court via video link from prison on Monday afternoon seeking release on home detention bail.

She had previously been refused release on bail in the Supreme Court but her lawyer, Adam Gaite, told the court her circumstances had changed, allowing her to again seek release on bail.

He said he had recently been provided with the prosecution brief which, he said, contained “insufficient evidence” to convict Ms Schalk.

“The prosecution are going to have an insurmountable difficulty in proving that she was there, in a joint enterprise intending to kill,” he said.

Malise Schalk, who has been charged with attempted murder over a Kurralta Park shooting. Picture: Instagram

“She might be a fool for having around certain people but that’s a far cry from being involved in an attempted murder,” he said.

Mr Gaite said the victim had given a statement to police about the incident and “the only thing” the victim had said about Ms Schalk was that she had unplugged and taken a phone after he was shot.

“At it’s highest, she stood in the living area watching and didn’t say anything at all. There’s no evidence of her encouraging the activities that unfolded,” Mr Gaite said.

He said his client “didn’t know” there was some sort of a disagreement “apparently occurring between these two men”.

Magistrate Karim Soestratma said his reading of the facts of charge filed with the court included that a man, alleged to be Ms Schalk’s co-accused Jaidan Thorpe, had demanded money and valuables from the alleged teen victim, before pulling out a gun and crashing up MDMA which he then “tells the victim to eat it or get shot”.

“The victim doesn’t eat it, he tasers the man but the man shoots him in the stomach,” Mr Soetratma said.

Tracey Nelson, prosecuting, said the case would be proceeding against both accused and opposed Ms Schalk’s release on bail in any form given the seriousness of the offending, which she said involved a drug deal “gone wrong”.

“This was serious offending against the victim with a firearm … he was shot in the abdomen and he was also assaulted to the head by, we allege, the butt of that firearm,” she said.

She said the victim was fearful and Ms Schalk was a prescribed applicant because the offending involved a firearm and special circumstances must be show to enable her release.

Mr Soetratma said no exceptional circumstances existed and refused Ms Schalk release on bail. She will return to court next month when she is expected to enter a pleas to charges of attempted murder, endangering life and aggravated theft.