Horsley ‘guman’ allegedly shot at two men just metres from school despite ill health, court hears
An Illawarra dad allegedly at the centre of a daytime shooting near a primary school has tried to get out of jail to deal with medical issues.
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An Illawarra dad allegedly at the centre of a terrifying daylight shooting less than 100 metres from a Dapto primary school has been refused bail, despite his defence team arguing for his release to treat a “dire” health condition.
Derek Scott Ferguson, who was initially accused of being involved in the 2012 shooting death of ex-bikie Darko Janceski but later had all charges against him dropped, faced Wollongong Local Court via audiovisual link on Tuesday, four days after he allegedly opened fire on two unknown men on a quiet Horsley street.
The 34-year-old was refused bail by Magistrate Michael Stoddart on Tuesday, after he was charged with acquiring a firearm while subject to prohibition order, discharge firearm intend cause grievous bodily harm, conceal serious indictable offence, and recklessly deal with proceeds of crime last Friday, following the alleged shooting at Denham Drive.
According to documents tendered to the court, the frightening situation began to unfold around 10am on Friday, while Ferguson was at his home with his two young children and partner.
Around 10.15am, police allege two men arrived at Ferguson’s home, and engaged in a short conversation with him, before trying to “rip off” the front screen door. The move allegedly prompted Ferguson to pull out a silver pistol, and fire three shots at the men through the door.
Court documents allege one of the men was hit, before he, and his mate fled. Ferguson allegedly chased the pair, before firing another round of bullets at them.
The two men, who police are yet to identify, jumped into a silver Ford Falcon, as Ferguson allegedly fired more shots toward them.
At the time, a nearby neighbour said she witnessed a car “screech off” down the road.
The alleged shooting occurred just 70 metres from the boundary fence of Dapto Public School, which Magistrate Stoddart said was a “huge cause for concern”.
According to court documents, police allege Ferguson jumped in his white Toyota Camry after the shooting, and left his home for precisely six minutes, before returning and searching the car, and throwing an “unknown object” over the top of his home.
Less than 20 minutes and several frantic Triple-0 calls later, police arrived at Denham Drive and arrested Ferguson in his driveway.
Despite police receiving several reports of gunshots and observing bullet holes in the front door and ricochet marks on the driveway, it’s alleged Ferguson told officers “nothing happened” and was “uncooperative”.
Police obtained CCTV of the incident, which allegedly shows Ferguson firing the gun, while a search of his home allegedly uncovered $25,000 cash.
On Tuesday, Ferguson’s defence lawyer Arjun Chhabra argued for his release, revealing his client was suffering from a “recurrent gastrointestinal tumour”, which required constant medical attention and daily oral chemotherapy.
Mr Chhabra suggested his client was acting in self defence at the time of the alleged shooting, and proposed strict bail conditions so Ferguson could keep managing his tumour with the help of his medical team.
“This is almost a matter of humanity,” he said. “He’s severely ill, requires weekly monitoring and periodic scans and he has a young son with autism who requires special care as a result.”
Despite suggesting twice daily reporting to police and 24-hour “lock and key” house arrest, the prosecution argued Ferguson showed “no regard” for his health or family at the time of the alleged shooting.
The prosecution also told the court the gun Ferguson allegedly used had not been found, and that releasing him to bail could allow him to tamper with evidence or witnesses.
Noting that one of the charges carries a maximum of 25 years jail if convicted, Magistrate Stoddart refused Ferguson’s application for release, saying the case against him was strong.
“He was at the time subject to a firearm prohibition order and somehow managed, despite that, to obtain a firearm,” he said.
“While I take into account the very substantive bail conditions put forward, given the fact there is an ongoing investigation, and despite his ill health and his family being at the premises at the time, the community ought to be concerned and the bail risks can’t be mitigated”.
Ferguson, who had several members in the court to support him, will remain behind bars until his next court appearance in January.