Alleged shooting victim ‘lured to be killed’ in 7-Eleven attempted shooting murder in Brisbane, court told
A man allegedly involved in the attempted shooting murder of another man in a 7-Eleven car park may have lured the victim to be killed in the car, a court has heard.
A heavily-tattooed man allegedly involved in the attempted shooting murder of another man at a 7-Eleven in inner-city Brisbane may have lured the victim into the vehicle to be killed, a court has been told.
Shaun Kenneth Kirby is due to stand trial charged with the wounding of Anthony Ford, who was allegedly shot in the stomach by co-accused Lucan Jade Grace in the car park of a 7-Eleven convenience store in Spring Hill back on November 15, 2021.
Mr Kirby is not accused of firing the gun but is charged with being a party to the offence.
During his bail application on Wednesday, Supreme Court Justice Peter Davis said the crown needed to prove there was a plan to shoot Mr Ford, and that Mr Kirby was “executing” this plan when he brought Mr Ford into the vehicle.
“It’s a jury question ultimately but one way of looking at it he’s lured (the victim) back to a car to be killed,” Justice Davis said.
Andrew Bale, Mr Kirby’s solicitor, responded: “If only there was some evidence as to what was actually to occur.”
He said the only evidence on hand was that Mr Kirby had arranged to meet the victim to “repay a debt”.
The court was told there was no evidence Mr Kirby knew his co-accused was armed.
Mr Kirby is facing charges of attempted murder (with an alternate charge of acts intended to cause grievous bodily harm), unlawful use of a motor vehicle, arson, and contravening a police order about a device.
A trial date is yet to be listed and he is yet to enter pleas to the charges.
It is alleged Mr Kirby left a Brisbane casino with Mr Grace in a green commodore, where the pair dropped off another co-accused Samantha Lee Crump before proceeding to the 7-Eleven in Spring Hill.
Mr Kirby is alleged to have greeted Mr Ford and brought him back to the vehicle.
After getting into the back seat, Mr Ford was allegedly shot with a pistol by Mr Grace.
The court was told the charges of arson related to the vehicle being torched afterwards.
“The Crown have conceded they must prove a plan, and that Mr Kirby was executing this plan when he brought the victim back to the car,” Justice Davis said.
“It must be Mr Kirby was party to a plan which involved the co-accused shooting the victim.
“The Crown will no doubt say the circumstances of Mr Kirby being in the car, leaving and returning with the victim all points to him being part of the plan.”
Justice Davis said the factual matters were for a jury to decide.
During the bail application, Mr Bale said his client had made demonstrable efforts at rehabilitation during his time in custody since November 16, 2021.
He told the court Mr Kirby would be supported by his partner if granted bail and had secured assistance from a drug and alcohol rehabilitation service in the community.
“He is in a position where he deposes in his affidavit (there is) a change in his life,” Mr Bale said.
But Justice Davis noted Mr Kirby’s rehabilitation in custody had already been assessed during a prior bail application before the Chief Justice in November last year.
He said the case against Mr Kirby did not strike him as being “inherently weak”.
In rejecting the bail application, Justice Davis took into account Mr Kirby’s criminal history, which he said indicated a “general unwillingness” to comply with court-imposed orders.
“There are also offences of violence … there is some evidence as an attempt to interfere with a witness,” he said.
Mr Grace is facing charges of attempted murder (with an alternate charge of acts intended to cause grievous bodily harm), unlawful use of a motor vehicle, arson and two other charges of unlawfully possessing weapons.
He is yet to enter pleas to the charges.
Ms Crump pleaded guilty to accessory after the fact to grievous bodily harm and arson on Tuesday.
She received a three-year jail term with parole eligibility on the same day.