New details emerge about 24-year-old after alleged assassination attempt against high profile man
New information has been revealed about a would-be assassin of a high-profile man, who allegedly pointed a gun at a car with a child passenger.
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An accused would-be assassin who allegedly pointed a loaded gun at a car with a child passenger may have an intellectual disability, a court has been told.
Siaosi Maeakafa Tupoulahi, 24, appeared before the NSW Supreme Court on Thursday to apply for bail after spending more than six weeks in custody on remand.
Police allege he pointed a loaded pistol at a car containing a child during the botched assassination attempt on a street in Sydney’s eastern suburbs about 8.20am on July 25.
According to police, the child was sitting in the passenger’s seat of the car while Mr Tupoulahi held a gun towards the driver for 10 seconds.
Police claim the 24-year-old carpenter was targeting the high-profile owner of a luxury vehicle, but he mistakenly approached the wrong car.
He then allegedly fled the scene in a stolen rental car driven by Yousif Zrayka, 20.
When the pair were stopped by police some time later, Mr Tupoulahi allegedly resisted arrest and tussled with police before he was subdued with a Taser.
Police allege they discovered a loaded black revolver, a loaded semiautomatic pistol, rubber gloves, and jerry cans full of petrol in the stolen hire car after the men were arrested.
Mr Tupoulahi and Mr Zrayka were charged with a raft of offences, including conspiracy to murder a high-profile man who cannot be identified.
On Thursday, Mr Tupoulahi’s barrister Ben Barrack asked to withdraw his client’s bail application at the 11th hour in order to obtain more information about his health.
The court was told a medical report had been served on the prosecution that suggested Mr Tupoulahi had “an enlarged vein in his brain” that inhibited his brain function.
Mr Barrack said Mr Tupoulahi having a treating neurologist appeared to suggest “a genuine evidentiary basis” for his family’s observations that he had “slowed in his process of comprehension and absorbing information” following a workplace accident.
Although the medical report was “not at all well explored”, Mr Barrack argued “the issue of a cognitive impairment is potentially a critical aspect of the (bail) application”.
If the bail application was vacated, Mr Barrack said his team would have more time to gather additional information about Mr Tupoulahi’s health and mount “a more persuasive argument as to the vulnerability of the applicant in custody”.
“Your Honour will note he’s a relatively young man and it’s his first time in custody,” he said.
“It’s a different situation if he effectively suffers from a mental disability.”
Mr Barrack said further evidence would also allow the judge to make a “proper assessment” of Mr Tupoulahi’s risk of reoffending and “give the court comfort as to whether (the alleged offending), which was aberrant in his 23 odd years of life, was something which was unlikely to occur again”.
“I’m really concerned that he would effectively suffer the consequences of the failure of perhaps the family and his representation to place enough material before Your Honour today to make a proper assessment of those matters,” he said.
“My concern is, he’s young, he’s not going to get a trial for a year and a half, and this is his only shot.”
Alleged offenders are generally only able to make a single application for bail in the NSW Supreme Court, unless they can prove their circumstances have changed.
The Crown prosecutor told the court that she did not oppose the vacation of the bail hearing after the “very late service” of the medical report.
The court was told that she had made an application to cross-examine the author of the report, which she said was “concerning in regards to some of the contents”.
“Having read it and having read some of the material, I can certainly see why he is required for cross-examination,” Justice Helen Wilson agreed.
“It’s difficult to see how he could be both intellectually disabled and a qualified carpenter fully supporting his family.”
She allowed Mr Barrack to withdraw his bail application.
Mr Tupoulahi will remain behind bars on remand until he returns to the Local Court later this month.
He is facing 14 charges, including conspiring to murder a person, possession of a loaded firearm in a public place, and assaulting a police officer in the execution of their duty.
Originally published as New details emerge about 24-year-old after alleged assassination attempt against high profile man