Hayden Dove Fenton trial, day one: Friend was shot with century-old gun, court hears

A young SA man was shot in the head by his best mate “in a terrible accident” with a rifle that was faulty and more than a 100 years old, a court has heard.

A South Australian man shot in the head with a faulty, century-old rifle was the victim of “a disaster waiting to happen”, a court has heard.

On day one of Hayden Dove Fenton’s trial, prosecutors said he told friends, “I’ve just shot my best mate” and “just kill me” after he shot Victor Harbor man Bailey Davenport in July 2017.

Mr Davenport, 21, was left with catastrophic injuries and died in hospital a day later.

The Supreme Court heard on Monday Fenton, 30, had been drinking bourbon on the morning of the shooting before he and Mr Davenport drove into a forest at Parawa, on the Fleurieu Peninsula, to chop firewood.

Mr Davenport’s partner, cousin and 15-month-old son also made the journey, as well as a friend of Fenton’s.

Prosecutor Mark Norman SC told the court the group stopped at a paddock on the way, where Fenton retrieved a rifle that had been hidden in bushland.

Young father Bailey Davenport was shot in the head at Second Valley Reserve, Parawa, on July 23, 2017. Picture supplied by family.

Hayden Dove Fenton, who is charged over the shooting death of his friend Bailey Davenport, outside the Magistrates Court last August. Picture Dean Martin

He said the rifle had been manufactured sometime between 1904 and 1931, meaning it was up to 113 years old in 2017, and had several mechanical issues. “Even with careful handling, that firearm rifle was prone to discharge accidentally,” Mr Norman told the jury.

“It was, the prosecution suggests, a disaster waiting to happen.” The group had been firing shots at a bottle of bourbon before the incident, although none said they saw Fenton fire the fatal shot.

They loaded the injured Mr Davenport into the car and drove him to the hospital, but he was unable to be saved.

Mr Norman said there was no suggestion Fenton had shot his friend deliberately. “This was a terrible accident, but it was an accident that we say was entirely avoidable,” he said.

“It was an accident we say should never have happened, it was an accident which we say Mr Fenton is criminally responsible (for).”

Fenton, who has pleaded not guilty to one count of manslaughter, later told police the rifle belonged to Mr Davenport.

The trial continues before Justice Mark Livesey, with the jury due to visit the forest on Tuesday.