Warwick Farm shooting: David Birchell, of Sylvania, avoids jail for being accessory after the fact to shooting
A former pro boxer who has traded uppercuts with Kostya Tszyu and Danny Green has been sentenced after pleading guilty to his role in a revenge shooting in Sydney’s southwest.
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A former national boxing champion who has traded uppercuts with sporting icons Kostya Tszyu and Danny Green has been spared a spell in prison after pleading guilty to his role in a revenge shooting in Sydney’s southwest.
David Birchell, 47, a former professional boxer with more than 100 fights to his name, was sentenced in Campbelltown District Court on Thursday for being an accessory after the fact to the shooting in 2018.
The single dad from Sylvania was working for extra cash by running an Uber-like service when he drove two men to a Warwick Farm unit for $150 in the early hours of October 2.
The duo told Birchell they would be back in 20 minutes with the 47-year-old remaining inside the Toyota Prius, the agreed facts state. What the former boxer didn’t know was that a man was about to be shot in the leg in payback over a money deal gone wrong.
Thirty minutes later, after the shot was fired, the men ran back to the car. Birchell, frustrated about the long wait, asked what the rush was all about and received no response from the men.
The 47-year-old man came undone, Judge Andrew Colefax said, when he asked the “question”.
“When (the alleged shooter) and his friend had got back in your car, having kept you waiting, you still hadn’t seen the firearm nor had any idea of what had been done,” Mr Colefax said. “Until that point of time, you were a completely innocent person.
“You were driving (the alleged shooter) and his friend a very short distance – only about a 15 minute journey. Shortly before you arrive at (the alleged shooter’s address) your curiosity got the better of you and unfortunately for you, you asked the question – what’s the big secret?”
“You were told in colourful language by (the alleged shooter) that he had just shot (a man) and shot him because he had been ripped off.”
Birchell then dropped the pair off in Greenacre and went back to his parent’s Sylvania’s home. He never reported the crime to police.
Mr Colefax dismissed the crown prosecutor’s submission that Birchell should be sent to jail, instead placing him on a two-year community corrections order, triggering tears from Birchell’s mother inside the courtroom.
“It was a momentarily lapse in judgment,” he said. “In addition to your work (in the boxing industry), you have been an outstanding member of your community. You have engaged at an impressive level with young people … particularly young aboriginal males.
“I would be surprised, Mr Birchell, on the material before me, if you ever offend again.”