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Russell Klein’s accused killer claims shotgun threat at Toowoomba bail hearing

The man accused of brutally murdering a Millmerran rugby league icon has claimed in court he was threatened with a gun.

Russell Klein (centre) from Millmerran, tragically died on Christmas Day after a car crashed into his Millmerran home. Picture: Facebook
Russell Klein (centre) from Millmerran, tragically died on Christmas Day after a car crashed into his Millmerran home. Picture: Facebook

The man accused of running down Russell Klein in front of his partner on Christmas Day has claimed he was threatened with a shotgun, a court has heard.

Representatives for Callum Anthony Padaric Cook, 31, appeared in Toowoomba Supreme Court on Thursday seeking bail after he was accused of deliberately running over prominent rugby league identity Russell Klein at his Millmerran home on Christmas Day in 2022.

Police previously alleged the two men engaged in a brief verbal altercation before Mr Cook drove his vehicle directly towards Mr Klein and his home, fatally injuring the 55-year-old family man.

Defence barrister Lars Falcongreen said Mr Klein left the scene following the heated verbal argument and returned shortly after with a shotgun in hand.

Russell Klein died after a car allegedly ploughed through his home in Millmerran on Christmas Day. Picture: File
Russell Klein died after a car allegedly ploughed through his home in Millmerran on Christmas Day. Picture: File

The court was told Mr Klein’s partner, an eye witness to the incident, claimed the gun was never shouldered or aimed at Mr Cook; however, Mr Cook contradicted this, claiming instead Mr Klein cocked the gun and began tracking him in his vehicle.

“(Mr Klein) returned with this shotgun and not only showed up with it but closed the action on the shotgun, manifesting an intention to immediately use it in this highly escalated and already volatile situation,” Mr Falcongreen alleged.

The court heard the gun was unloaded at the time of the incident.

Mr Falcongreen indicated a pathologist report had been ordered to help determine Mr Klein’s orientation and positioning at the time of the collision, which would be completed by May.

Crown prosecutor Hamish McIntyre argued it was clear from multiple witness statements and additional police evidence that the car reversed and then drove straight at the home.

“The jury will have the full context (of what occurred) which includes the defendant leaving in his vehicle, turning around and coming back in order to sit outside the house yelling abuse,” Mr McIntyre alleged.

“We know we (the car) reversed into the median strip. We know he drives in a direct line at the house and the ultimate conclusion being he strikes the deceased.”

Mr McIntyre opposed bail, citing the nature of the charge led to a serious risk of flight and reoffending.

“He is an unacceptable risk of failing to appear due to the nature of the charge and strength of the case but he is also someone who is an unacceptable risk of endangering the community,” he said.

Despite defence offering $100,000 as assurity and a range of strict bail conditions, Justice Thomas Bradley KC indicated there was insufficient means to justify bail.

He offered to adjourn the hearing to a later date in order for defence to obtain further material, to which Mr Falcongreen agreed.

Mr Cook has yet to enter a plea to murder or to other charges of authority required to possess explosives, unlicensed driving, possessing a drug related utensil and unlawful possession of weapons category A, B or M.

It is understood a jury trial will likely go ahead midway through 2025, pending applications to the court.

Originally published as Russell Klein’s accused killer claims shotgun threat at Toowoomba bail hearing

Original URL: https://www.weeklytimesnow.com.au/news/russell-kleins-accused-killer-claims-shotgun-threat-at-toowoomba-bail-hearing/news-story/f7247ca3211dfec30594368ce05f8fb8