THE prosecution of Albury man Jade Michael Fraser over allegedly shooting a friend in 2010 has been terminated.
Fraser, 31, was committed to stand trial after a committal hearing finished in Albury Local Court in October 2012.
The case was listed for trial in the District Court at Wagga and was due to start in the sittings which began last week.
But Fraser’s legal representative, barrister Christine Mendes, had previously made submissions to the NSW Director of Public Prosecutions office seeking to have the case terminated through conflicting evidence.
A decision was made by the DPP’s office to no-bill the case, which ended the proceedings.
Fraser had been charged with discharging a firearm with intent to cause grievous bodily harm.
There were other charges of recklessly causing grievous bodily harm and firing a gun in a public place.
Matthew Fruend, also known as Matthew Walker, was shot with a .303 rifle during an incident in Kurnell Street at Glenroy on August 31, 2010.
He was standing out the front of a house when struck in the right buttock by a bullet and had to undergo multiple surgeries.
Fraser was initially refused bail when he first appeared in Albury Local Court on September 3 after being charged.
He was granted bail in the NSW Supreme Court in November after affidavits were tendered saying police had the wrong man.
There were affidavits from five people tendered to Justice Monika Stewart with a suggestion the alleged shooter had left the Albury area soon after the incident.
Justice Stewart described the case as “most unusual” when granting Fraser bail.
Mr Fruend gave evidence at the committal hearing and said he had tried to protect Fraser by saying someone else did it.
But he made a further statement in January 2012 saying that Fraser had the gun when he was shot.
It was suggested during the committal hearing that another man, Matthew Robert Merritt, was responsible for the shooting.
He denied firing the shot and gave evidence at the committal after being granted immunity by the prosecution.
Mr Merritt admitted hiding the gun overnight at Doctors Point after the shooting and later fled to Dubbo with it where it was sold.