Bikie murder case collapses - 'most wanted' Anthony Tan walks out of court

CASE against accused bikie killer Anthony Tan collapsed as lawyers obtained information casting doubt on who shot Edin Smajovic.

Anthony Tan

THE murder case against accused bikie killer Anthony Tan collapsed yesterday when defence lawyers obtained information casting doubt on who shot Rebels gang member Edin Smajovic.

Mr Tan, at one stage the most wanted man in NSW, walked from the Supreme Court yesterday after prosecutors withdrew the charge.

Mr Tan was accused of killing Mr Smajovic, 23, in a Reservoir Dogs style shoot-out in which both were alleged to have simultaneously fired at each other at Mr Tan's Campbelltown motor mechanic's office on January 9, 2009.

The DPP also withdrew a charge of being an accessory to murder after the fact against Nathan Keith Reddy, who was allegedly present when Mr Smajovic was shot.

Defence lawyers received information on February 14 that cast doubt on the case and who shot Mr Smajovic.

It is understood lawyers then attempted to subpoena the information from police to test its validity.

After several legal meetings, the matter returned to court yesterday when Crown prosecutor Patrick Barrett told Justice Megan Latham the charges were being "no billed".

Lawyers for the NSW Police yesterday also filed a notice of motion to the court demanding Mr Tan and Mr Reddy's legal team hand over "all physical copies" of three documents believed to relate to the case.

Mr Tan was hospitalised with a bullet wound to the neck, suffered during the shooting, but later fled to Vietnam after discharging himself. He returned to Australia last October after reading in The Sunday Telegraph that NSW Police had elevated him to their most wanted list.

In court yesterday, Justice Latham told Mr Tan and Mr Reddy they were "discharged" and could leave the court. A notice of motion in relation to the case will be heard on March 7, along with a costs application.

Mr Reddy's lawyer Brett Galloway said his client just wanted to get on with his life.