‘TikTok dances’: Judge unleashes over unusual excuse for trial delay of alleged shooter

Luke Sparos is awaiting trial after allegedly trying to murder a man - and sparks have now flown in a courtroom after a request left a judge less than impressed.

A judge has slammed police for attempting to delay a “highly serious” trial for a second time due to the victim being “triggered” by the recent Bondi stabbing.

Luke Sparos is awaiting trial after police allege he tried to murder Samer Marcus in November 2020 in Sydney’s southwest.

The shooting left Mr Marcus a quadriplegic.

Sparos has pleaded not guilty to shooting with intent to murder and has denied being present or having any involvement in the incident.

In the NSW District Court on Tuesday, police prosecutors attempted to have the trial vacated, stating that Mr Marcus had a “recent downturn” in his mental health, partially due to being “triggered” by the recent mass killing at Westfield Bondi Junction.

The trial was supposed to go ahead in May 2023, however, was then vacated due to issues with the investigating officer being unavailable.

Luke John Sparos was charged over the shooting in May 2021. He is yet to face trial. Picture: NCA Newswire

The application was robustly shut down by Judge John Pickering who stated that vacating the trial for a second time based on the victim’s mental health was “fantasy”, particularly given he had been posting “TikTok dances”.

He also said while Mr Marcus probably did have PTSD from the shooting, no psychologist had formally diagnosed him with the condition

“You have a massive witness assistance service that takes up millions of dollars,” he told the police prosecution in the case.

“Shouldn’t your office … played a role in preparing this man for trial evidentiary wise and psychologically?”

Judge Pickering said there were “numerous examples” of witnesses being forced to give evidence in difficult trials, and said accommodations could be made such as breaks, or giving evidence by AVL.

Samer Marcus was shot on November 6 in 2020. Picture: Supplied

He said that while he was sensitive to Mr Marcus’ physical and mental conditions caused by the shooting, he said the trial should not be delayed in the “vain hope” his circumstances would improve.

“I’m not really optimistic about that,” he said, noting Mr Marcus’ mental struggles would likely be lifelong.

“I don’t think it’s a controversial concept to think someone in his condition may have mental health issues … it must be traumatising … irrespective of dancing TikTok videos.”

Judge Pickering also said that while he understood things like the Bondi stabbing would have an impact on “any victim of crime” it was not render him incapable of giving evidence in his matter.

“That’s a human reaction,” he said.

“That triggered me in this job … but I can’t help but feel that the onset of the trial has created that aspect.”

Police allege Mr Marcus was shot eight times however one bullet severed his spinal cord and left him a quadriplegic.

The matter will return to court on May 1.