Bandido shooting claims: ‘Friendly chat… then gun pointed at head’

A man who was shot during a meeting with two alleged Bandidos bikie associates denies he took a gun as part of a retribution plot.

Bandidos Australia colours

A Brisbane man who was shot during a meeting with two alleged Bandidos bikie associates has denied he took the gun to the meeting as part of a failed retribution plot against a drug dealer who had violently beaten him over a drug debt days earlier.

Sean Brian Irwin and Kenneth James Whittaker have pleaded not guilty in Brisbane District Court to one charge each of wounding with intent to cause grievous bodily harm.

Crown prosecutor Michael Gawrych said it was alleged that on July 13, 2019, then 37-year-old Ashley White had been shot in the shoulder when he and his friend Joshua Smith went to a meeting with Irwin and Whittaker at Samsonvale in the Moreton Bay region.

“Mr White and Mr Smith and the defendants Kenneth Whittaker and Sean Irwin all knew one another and this stemmed from their association within the Bandidos motorcycle group,” Mr Gawrych said.

“The Crown case is that Whittaker shot Ashley White and Irwin was his accomplice and as such was criminally responsible for the actions of Mr Whittaker.”

Mr Gawrych said during the trial, the jury would hear evidence that on July 11, 2019, Mr White had been bashed by an alleged Bandidos member known as “Andy the Candyman” and two other unknown men over an unpaid drug debt.

He said the beating left Mr White with significant facial injuries including a broken nose and suspected fractures to his eye socket and cheek bones.

Mr Gawrych said the jury would hear evidence that two days later on July 13, the four men Whittaker, Irwin, White and Smith had met at the end of an isolated, dead-end road at Samsonvale before dark.

“They all shook hands for a few minutes and had a friendly chat near where the vehicles they parked together,” Mr Gawrych said.

“Mr Whittaker produced a hand gun and pointed it at Mr Smith’s head…

“Mr Whittaker told them to start talking or he would shoot them.”

Mr Gawrych said the jury would hear evidence White and Smith told Whittaker they did not know what he was talking about.

“At Mr Whittaker’s direction Mr Irwin punched Mr White as Mr Whittkaer accused them of both being dogs and accused Mr White of stealing a gun from Mr Smith and using it to pay for drugs,” he said.

“You’ll hear evidence this was in fact true.”

Mr Gawrych said it was alleged Whittaker shot Mr White with the bullet grazing his chin and hitting him in the shoulder.

Mr White was called to give evidence and told the court it was an “intense” and “pretty heated” situation.

Under cross-examination from Whittaker’s defence barrister Kim Bryson, Mr White agreed he had not gone to the hospital for days in the wake of the shooting but when he eventually went, he told medical staff and police there had been an “accident”.

He agreed he repeatedly refused to speak to police about the cause of his injury but later after he was charged with unrelated offences, he agreed to give a statement to police after a discussion about a ‘letter of comfort’.

“So it’s a letter that comes from the police doesn’t it, and it’s something that a person uses in court … to be assisted in some way when they go to court for sentence,” Ms Bryson asked.

“Yes,” he replied

“And it’s your understanding that it can also help charges be dismissed?”

“Yes,” he said.

Mr White agreed that in October 2019, three months after the shooting, he was in jail.

“And you were very keen on getting a letter of comfort from the detectives involved in this case weren’t you?” Ms Bryson asked.

“Yes,” he said.

“You’d been told at least initially by the police involved in this case that they would do you a letter of comfort because of what you had done for them,” Mr Bryson asked.

Mr White agreed he had initially been told police could write him a letter of comfort but subsequently told “they couldn’t assist in some of my charges because it was DV (domestic violence) related”.

“It’s the case isn’t it that you were angry and disappointed when you found out that they wouldn’t do you a letter of comfort?” Ms Bryson asked.

“Um, a bit disappointed, yes,” he said.

“Well weren’t you so angry that told your mother that you were thinking about retracting your statements you’d provided to police in relation to this matter and saying that you’d been threatened by the police and saying that you’d lied in your statement,” she asked.

“I told her that’s what I would say but I didn’t lie,” Mr White responded.

Ms Bryson put to Mr White that on the day he was shot he was living with his parents and when he left that afternoon “you told them you were going to shoot the person that assaulted you”.

“I can’t recall saying that,” he said.

Ms Bryson put to Mr White that he had been angry when Andy was not at the meeting at Samsonvale.

Mr White disputed that proposition, saying he had settled his debt with Andy two days earlier when he was attacked and “I shook his hand that night and that was the end of it”.

“You were the person that produced the firearm,” Ms Bryson put to Mr White, which he refuted.

“And there was a struggle and the gun went off and that’s how you came to be shot?”.

“No,” he said.

“My suggestion is that Kenny (Kenneth Whittaker) never aimed firearm at you at any time,” Ms Bryson said

“You’re wrong,” Mr White replied.

“And there was no conversation or allegation made by Kenny that you were conspiring against him, that’s simply a lie made up by you?,” Ms Bryson said.

“You’re wrong,” he said.

Under further cross examination from Irwin’s defence barrister Doug Wilson, Mr White was asked if he recalled being in a “foul mood” or “agitated” on the day he was shot.

“I couldn’t see a reason why I would be,” Mr White said.

“You’d just been flogged by three fellows who probably broke bones in your face…Isn’t that a reason to be agitated, acting in an aggressive manner,” Mr Wilson said.

“No,” Mr White replied.

“You weren’t acting in an aggressive manner towards your parents?,” Mr Wilson asked.

“Maybe a little bit…” Mr White said.

“You told them you were going to shoot the guy who beat you up,” Mr Wilson put to him.

“I may have but I can’t remember saying that,” Mr White said.

“And you went out to do just that, shoot Andy the Candyman,” Mr Wilson said.

Mr White denied being “enraged” on the night of the shooting.

“You were enraged because you got yourself beaten up by the Candyman…,” Mr Wilson said.

“You were enraged even more when you foolishly shot yourself by taking a gun to this meeting.”

“No, I had no gun,” Mr White said.

“You were furious your plan for retribution against the Candyman had failed miserably, weren’t you?,” Mr Wilson asked.

Mr White denied the proposition.

“You didn’t want to go to the hospital because you knew the wound was the result of your actions,” Mr Wilson put to him.

“No, I did want to go to the hospital to get it removed…,” Mr White replied.

The trial continues in the Brisbane District Court before Judge Leanne Clare.

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