Alleged home invader gets bail after bug spray retaliation
A man accused of involvement in a terrifying home invasion in which a young mother used a can of fly spray to chase off the offenders has applied for bail to await trial in New South Wales.
Police & Courts
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A man accused of involvement in a terrifying home invasion in which a young mother used a can of fly spray to chase off the offenders has been granted bail to await trial in New South Wales.
Kevin Luu, 27, has been in custody for more than 50 days after he was arrested over the alleged incident at a Wishart home on November 1.
In a Supreme Court bail application on Thursday, the crown opposed Luu’s release, submitting he was an unacceptable risk of interfering with witnesses and of failing to appear.
But lawyers for Luu submitted those risks could be ameliorated to an acceptable level with the imposition of strict bail conditions, including that he live at an address in New South Wales that is more than a nine-hour drive from the offence location.
Defence barrister Kevin Kelso argued that there was a “fundamental flaw” with identification of defendants charged in the matter and said witness statements were “at odds” with one another.
Crown prosecutor Kylie Heath said it was alleged that the day before the home invasion, the occupants of the property had been witness to a car crash on their street in which two of the defendants were said to be involved, including Luu.
There are allegations someone in the car threw a handgun in nearby bushes shortly after the crash.
“He is identified as one of the males that walked over to the house that evening, that was across the road from the traffic incident, and said to the witnesses whom he didn’t know words to the effect of ‘what did you tell police, what did you say’, demanding to know what these people may have said to police,” Ms Heath said.
“The following night November (1) Mr Luu is alleged to have been one of the males who attended that address and participated in that home invasion offence.”
Police allege three masked men stormed the home armed with a gun, baton, hammer and taser.
One of the occupants, a mother of two including a child who was only one month old at the time, hit back at the invaders, using a can of Raid to spray one assailant in the face which ignited on contact with his taser and the fire engulfed his face.
Ms Heath said voicemail recordings found on Luu’s phone allegedly linked him to the home invasion.
“And the evidence for that that the Crown relies on is the recordings on the applicant’s iPhone registered to him in which he phones (an alleged co-offender) and refers to the incident,” she said.
“Mr Luu says it was his idea and … words to the effect of ‘when the baby cried he called it and you tasered and broke the door on the way out’.
Luu is facing a number of charges including deprivation of liberty, assault, entering a dwelling and drug possession.
Justice Thomas Bradley granted Luu bail, saying the proposed bail conditions ameliorated the risks raised by the prosecution to an acceptable level.
Luu will reside in New South Wales, be subject to a curfew and be required to regularly report to police.
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