Hearing continues of man accused of using a tractor to ram a neighbour

A Copmanhurst man has told a court that he was going to the aid of a neighbour when he was rammed by a tractor and that he fired four shots during a terrifying ordeal to ‘de-escalate’ the situation, fending off claims he was acting as a ‘vigilante’.

A Copmanhurst man has told a court he fired a rifle at a man to “de-escalate” a neighbourhood dispute.

A Copmanhurst man has given evidence that he was rammed by a tractor during a dispute with his neighbour, and that he discharged a firearm after he was rammed multiple times while attempting to come to the aid of another neighbour.

Mark Richard Clay is alleged to have been behind the wheel of the tractor which rammed the vehicle of 68-year-old Graeme John Lee during a dispute between the two men and a third neighbour in November, 2019.

Mr Clay appeared in Grafton Local Court on Tuesday to resume a part-heard hearing after pleading not guilty to using an offensive weapon to commit and indictable offence, armed with intent to commit an indictable offence and driving with middle range PCA.

Police allege that on the evening of November 26, 2019, the 44-year-old man attended a home on Smith Creek Road, Smith Creek, and allegedly verbally abused a female resident before Mr Lee attended and the pair left the scene.

It’s alleged that Mr Clay returned a short time later driving a tractor towards the female resident’s home, and that she called the alleged victim Mr Lee to return to the property and a short time later he arrived allegedly armed with a rifle.

Police allege Mr Clay then rammed the Mr Lee’s vehicle before the older man discharged a number of shots from a rifle.

The court was told Mr Lee had previously been charged and convicted of firearm offences relating to the incident.

Giving evidence Mr Lee said on the afternoon of November 26, 2019, he had a voice message on his home landline from his neighbour claiming that Mr Clay was “up to his old tricks again” and had been verbally abusive towards her.

Mr Lee gave evidence that he then went to the neighbour’s property to check on her, and make sure Mr Clay was not still on the property, before returning home. Shortly after he said he was again contacted by his neighbour, who said Mr Clay was back, and that Mr Lee saw an Isuzu truck he knew to belong to him driving on the road outside his property.

The court was told Mr Lee followed the vehicle for a while, and that he “wanted to know what was going on”, and while he was following the Isuzu he saw it pull to the side of the road before it reversed out in front of his path as he got closer. Mr Lee said he “hit the brakes and gently nudged the vehicle” before the Isuzu left the scene.

Mr Lee said he returned home, but about 10 minutes later got another call from his neighbour who said that Mr Clay was coming back and was “in a bulldozer”.

The court was told Mr Lee went outside and could hear Mr Clay yelling about 300m away words to the effect of “you f---ing c---, it’s none of your business, I’ll get you”.

Mr Lee said he then retrieved a rifle from a gun safe, loaded it and went to his neighbour’s property in his truck. When he got there Mr Lee said was rammed by Mr Clay, who was driving the tractor, with such force that it threw Mr Lee back in the cab.

The court was told Mr Lee then fired the rifle into the air, and that he “hoped it would be the end of it”, however Mr Clay allegedly backed up and rammed Mr Lee’s vehicle again.

Mr Lee said he then fired three more shots at the radiator of the tractor by propping the gun out the window of his ute and over the snorkel, discharging the firearm downwards.

“I needed to try and de-escalate the situation as much as possible … it was getting out of hand,” Mr Lee told the court.

After the fourth shot Mr Lee said Mr Clay backed up and left the scene, which was when he went to the neighbour, who was on the phone to triple-0, and along with her niece the three went to Copmanhurst Police Station.

During a heated cross-examination, Mr Clay’s lawyer Peter Davies put it to Mr Lee that there was “no reason” for him to get involved in the dispute, and put it to Mr Lee that he was the instigator of the altercation, which Mr Lee denied.

Mr Lee disagreed with Mr Davies assertions that his actions that night were that of a “vigilante”, and that he was the one chasing Mr Clay earlier in the afternoon, intentionally ramming his vehicle.

Referring to Mr Lee’s police statement, Mr Davies asserted there was no mention of the threat “I’ll get you” because it wasn’t said, and that his vehicle was never rammed by the tractor.

“It didn’t happen, you’re inventing it,” Mr Davies said.

“I strongly disagree,” Mr Lee replied.

Mr Davies argued Mr Lee had ample time to call the police but instead armed himself with a loaded gun, and then discharged it three times in the direction of a vehicle he knew was occupied in an attempt to “de-escalate the situation”.

The hearing will continue today.