Craig Anderson Doonside shooting: Jim Dastan bail bid over COVID-19 fears
The former bikie accused of fatally shooting Craig Anderson outside his Doonside home last year has made a bid for freedom, citing health fears in jail.
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A former Comanchero bikie who allegedly shot and killed a man outside his Doonside home has made a bid for release due to fears over the spread of coronavirus in jail.
Jim Dastan, 27, faced Penrith Local Court today, charged with murder over the shooting death of 51-year-old accused drug dealer Craig Anderson in Meridian Pl in May last year.
Police allege Mr Dastan shot Anderson four times after confronting him outside his home over a dispute he had with his younger brother, Joshkun, 22.
Anderson died at the scene and Mr Dastan, his brother, and three other men were arrested in four cars at separate locations, including Erskine Park, the same evening.
Police allege a Glock pistol was found during a search of a Toyota Hilux.
Mr Dastan is yet to enter a plea to one count of murder and participating in a criminal group. The younger Dastan brother is also before the courts on one count of participating in a criminal group.
In court today, Mr Dastan’s defence solicitor made a bid for his release from Lithgow jail, citing his fears over being infected with COVID-19.
“Despite the fact there are no COVID-19 cases in jail, there is still a risk that if the virus is discovered it will spread at a higher rate,” Ms Barnes said.
“I’m instructed the cleaning hasn’t changed, there’s no hand sanitizer, they get a diluted bleach to clean their cells, and there’s no possibility of any social distancing.”
Ms Barnes said Mr Dastan’s health issues, including heart problems and high blood pressure, put him at greater risk of contracting the deadly virus.
However, the prosecution said “little weight” could be given to Mr Dastan’s health claims.
Magistrate Brian van Zuylen said that while there was medical evidence of Mr Dastan being treated for chest pain in the past, it was not enough to justify his release.
“There is no information at all that COVID-19 has got into the jail,” Magistrate van Zuylen said.
“Yesterday there were only four or five new cases among 25 million people. It seems a fairly remote possibility that COVID-19 will end up in the jail system.
“The medical material to his health risks are a couple of years old – it’s not the most powerful medical circumstances to convince the court COVID-19 is a big risk.”
He added that the allegations and evidence against Mr Dastan were too serious for him to be granted bail.
“It’s alleged there’d been an assault of Joshkun Dastan and this was the instigating factor in the accused and others arranging to travel to the deceased’s house at Doonside where there was a verbal confrontation,” he said.
“It’s alleged the accused produced a pistol and fired two shots at the deceased, who turned and fled.
“He then fired another two rounds, and he fell and died inside his house of four gunshot wounds.
“This is the most serious charge one can face, it appears a strong case.”
The court heard Mr Dastan was no longer associated with the Comanchero bikie gang.
He was refused bail and will face court again on May 29.