Shaun David Kennedy refused summary jurisdiction over Beeac shooting
A man charged over a Beeac shooting has lost a bid to keep the matter in a lower court, as it was revealed the shooting’s victim has fled the state fearing “vigilantism”.
A Beeac man charged for his alleged role in a shooting related “to some child abuse material” has lost his bid to keep the case in a lower court.
Shaun David Kennedy, 32, appeared in Geelong Magistrates Court via prison link from Fulham Correctional Centre on Thursday for a summary jurisdiction application before magistrate Franz Holzer.
Mr Kennedy was one of two accused charged over the non-fatal shooting in Beeac in June.
Emergency services were called to Colac-Ballarat Rd in the town, north of Colac, after a 34-year-old Colac man was shot in the leg.
Mr Kennedy was refused bail in June over the matter, while co-accused Samantha Rochford was granted bail and is set to face a contested committal hearing in January.
The court heard Mr Kennedy’s matter would resolve to pleas on two counts of intentionally causing injury and one firearm charge, but Mr Kennedy has yet to enter any formal pleas.
On Thursday, magistrate Franz Holzer rejected Mr Kennedy’s bid to have the matter stay in the Magistrates Court, agreeing with the prosecution the charges were much too serious.
Crown prosecutor Simon Tan told the court Kennedy’s application was opposed on that basis, and because it was appropriate to have the matters of Mr Kennedy and Ms Rochford decided together.
Mr Tan argued the severity spoke for itself – it involved a firearm and there was pre-meditation and planning, including text messages, CCTV turned off and the effort to acquire a gun.
He said the shooting related “to some child abuse material” and the alleged victim had left the jursidiction.
The court heard there was also an “element of deception alleged” following the shooting, including the “wiping down of the gun” and washing of clothes.
Kennedy’s lawyer told the court that the charges related to “one continuing course of conduct” and noted Mr Kennedy has a “very limited criminal history” with the last entry being in 2014.
She noted that it was not alleged Mr Kennedy fired the shot, “but another unknown offender who has not been charged at this time”.
Mr Kennedy had a psychological assessment booked for February and the defence “would be in a position to finalise the matter as early as March”, and therefore it would be unlikely both co-accused will be dealt with at the same time, if Ms Rochford proceeded to trial.
In refusing Kennedy’s application, Mr Holzer told the court it was a complex scenario, being pre-planned, involving a firearm “in circumstances one might say are questionable”
He said it was fortunate that the shooting was not fatal.
The court heard the victim had fled Victoria due to the incident, and was apprehensive of “some level of vigilantism” and Mr Holzer said there was a “concerning flavour to the allegations”.
He took the view that the case should be dealt with by all the power of the County Court and “warrants the gravitas of a County Court judge”.
Mr Holzer said he thought it unlikely a judge would send the matter back to the Magistrates Court.
“I don’t feel any regret in rejecting the application for that reason,” he said.
Mr Kennedy will face court again in February.
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Originally published as Shaun David Kennedy refused summary jurisdiction over Beeac shooting
