Mitchell Dow, 29, to face trial over Whittington shooting, drug trafficking

A Whittington man was shot in the neck after locking himself in his shed while an accused drug trafficker fired bullets through the wall, a court has heard.

Mitchell Jay Dow. Picture: Facebook.

A Whittington man who was shot in the neck had locked himself in his shed while an accused drug trafficker fired bullets through the wall, a court has heard.

Mitchell Jay Dow, 29, appeared in Geelong Magistrates Court on Thursday facing 22 charges, including two counts of aggravated burglary, recklessly and intentionally causing injury, reckless conduct endangering life and making a threat to kill.

The charges also included using and possessing a firearm as a prohibited person, using a firearm in a dangerous manner, possessing a loaded firearm in public, possessing cartridge ammunition without a licence and possessing a prohibited weapon.

Mr Dow was also charged with theft of a motor vehicle, property damage, possessing and trafficking ice, driving while disqualified and firing a gun while committing a serious offence.

He pleaded not guilty, and Magistrate John Lesser committed him to stand trial in the Geelong County Court.

The court heard the shooting occurred after Mr Dow’s alleged victim had locked himself in his garage.

Prior to the shooting, witnesses told the court Mr Dow appeared by the sliding kitchen door at a house in Freesia Ct, Whittington, surprising the two men inside.

Both men were cross-examined by Mr Dow’s lawyer, barrister John Lavery, who raised doubts in their accounts and asked about drug use.

One witness, Raymond Moss, a friend of the home’s occupant, testified there was “no reason” for him to appear at the address on the night in question.

The court was told Mr Dow said to the witness he was “coming to take Mr Moss’ motorbike” after he opened the sliding door.

It is alleged the home’s occupant, Brendan Tuohy, told Mr Dow he wasn’t “taking anything”, prompting Mr Dow to allegedly take a gun from his hoodie pocket.

Mr Tuohy left to go find the bike’s keys, entering the backyard via a back door, the court was told.

While he waited, Mr Dow allegedly told Mr Moss he was “sorry” he had to take the bike, and that he needed money, before disappearing to find Mr Tuohy.

Mr Moss testified that while he stayed in the house, he heard Mr Dow shouting and banging on the garage door and gunshots, before Mr Dow allegedly reappeared at the side of the house and fled.

Mr Tuohy told the court he only left the shed when Mr Moss called out that Mr Dow had gone.

He had been hit in the neck by a bullet fragment, and was treated by paramedics before being taken to hospital.

Magistrate John Lesser said he was satisfied that Mr Dow could be convicted on 17 of the most serious charges, based on the prosecution’s evidence.

However, two further charges of recklessly and intentionally causing serious injury were discharged by Mr Lesser.

The magistrate agreed with Mr Lavery in that despite the seriousness of Mr Dow’s alleged actions and Mr Tuohy’s gunshot wound requiring surgery, the injury was relatively short-term and therefore it may be hard to convict.

Three further charges were summary offences and might be sent back to the Magistrates Court.

Mr Dow will face Geelong County Court for a directions hearing on November 9.

Originally published as Mitchell Dow, 29, to face trial over Whittington shooting, drug trafficking