Stuart MacGill: Alleged kidnapper Frederick Schaaf faces court

Cricket great Stuart MacGill may have gone willingly with his alleged kidnappers and overplayed his supposed injuries, a court has heard.

Cricketing great Stuart MacGill had a ten minute window to “flee into the night” but chose to stay in the company of his alleged kidnappers, a court has heard.

Frederick Schaaf, 27, applied for bail in Sydney Central Local Court on Thursday and his lawyer Greg Goold wasted no time in tearing apart Mr MacGill’s version of events.

Mr Goold directed the court to the point in time where the car of men allegedly arrived at Mr MacGill’s home in Cremorne.

Frederick Schaaf was the driver and did not leave the car but his brother Richard got out to talk to the former spin bowler, he told the court.

Cricketer Stuart MacGill. Picture: Instagram

“Richard says, ‘I don’t want to hurt you … We just want to talk to you. Get in the car’,” Mr Goold said.

“The fact this is only about a conversation is pertinent.”

Mr Goold said the group then drove to the farm in Bringelly.

“For approximately 10 minutes Mr MacGill sat in the car by himself while the three other persons went outside,” Mr Goold said.

“He had the opportunity to flee into the night. He doesn’t do that, he waits and then he goes into the premises.”

Mr Goold told the court there were further discrepancies about the events that allegedly took place inside the shed.

In his statement to police, Mr MacGill describes one of the men pulling out a pair of ‘bolt cutters’.

Police allege two of the other co-accused purchased ‘garden shears’ from Bunnings Rouse Hill on the day of the alleged incident.

Meanwhile Mr MacGill described the implement to his friend Andrew Price, who made a police statement, as ‘pliers’.

Mr Goold said as someone who would have frequently interacted with groundsmen tending to cricket fields he found the discrepancies implausible.

Frederick Schaaf has chronic dental issues.

“He sometimes referred to the second best cricketer of his time – in Shane Warne’s presence,” Mr Goold said.

“He spent half his life around cricket grounds and he can’t tell the difference between bolt cutters and garden shears – that’s somewhat incredible.”

Mr Goold also drew attention to the apparent lack of injury sustained by Mr MacGill.

“What occurred in the Bringelly premises, how he was hit eight times by these large Polynesian gentlemen – hit to his face and the back of his head,” Mr Goold said.

“There were no injuries visible. (Mr MacGill said) they include a split lip which he told police five days later had healed.

“There are no injuries visible despite the fact Richard Schaaf is said to have assaulted him viciously with punches to the face which caused him to black out.”

The court was played CCTV of Mr MacGill being put in a taxi after the alleged incident.

“He (one of the alleged kidnappers) taps him on the shoulder as if to say, ‘see you mate, off you go’,” Mr Goold said.

“If this was a non-consensual violent assault, what occurs later is not consistent with that type of behaviour.”

Mr Goold said there were questions as to whether Mr MacGill was kidnapped at all.

“The case will turn on whether or not Mr MacGill got into that car willingly or against his will,” Mr Goold said.

Frederick Schaaf, who was seeking bail to his partner’s Yowie Bay home in order to get treatment for his chronic dental condition, had his application refused by Magistrate Michael Crompton.