A man fatally shot his “best mate” in acrimonious circumstances created by a failed major drug deal and an unresolved ute sale, a court has heard.
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The Supreme Court in Albury was told accused murderer Campbell Hart had invested in Luke Hargrave’s bid to source methamphetamine from an Asian crime gang in Sydney.
Hart was also angry that he had given Mr Hargrave, now 31, $5000 for his black ute and yet his friend had failed to pass on the registration papers.
Hart shot Mr Hargrave in the temple with a .22 calibre pen pistol at the victim’s Vickers Road, Lavington, home on October 29, 2013, about 10.40pm.
He died from his injuries in Albury hospital the next day at 5.25am.
The court heard another motivation for the crime might have been $6000 he allegedly owed to Hart.
Hart, 30, has again admitted to the shooting after pleading guilty to manslaughter on Monday before a jury of seven women and five men, a plea that Crown prosecutor Wayne Creasey SC said could not be accepted.
Moments earlier Hart had leaned forward in the dock so he could clearly say in a court microphone that he was not guilty of murder.
Defence barrister Eric Wilson SC told the jury in his opening address that Hart was not guilty of murder because he was suffering from substantial mental impairment at the time of the shooting.
Mr Wilson said this meant Hart was incapable of forming intent when he shot Mr Hargrave.
He said evidence would be given at the trial, expected to run at least three weeks, that Hart’s use of the drug “ice” was the likely cause.
“Both of them (Hart and the victim) were involved in the use of ice and the sale of ice,” he said.
Mr Wilson said it had been apparent “for some time” leading up to the shooting that Hart’s mental state was highly questionable.
“His appearance was changing, his behaviour changed. (He) believed he was being put under surveillance by people in his his roof,” he said.
But Mr Creasey said it was clear that Hart was not telling the truth when it came to outlining what happened between the two men in that small room.
Mr Creasey said Hart told police up to four different version of events. That included one where Mr Hargrave supposedly pointed the pistol at Hart, who reacted by wrestling with the victim causing the gun to fire.
He said Mr Hargrave was found by his partner and another woman, who had been in the lounge room, sitting on the floor with one hand on his mobile and the other in the pocket of his shorts, which meant he could not have handled the pistol.
Mr Creasey said evidence would be given by one witness, a neighbour two doors away who heard the shot fired, that he saw Mr Hargraves’ phone was still lit-up in his hand when he arrived to help soon after.
He said that would support evidence from another witness, Shannon Turnbull, who was talking on his mobile to Mr Hargrave when he heard what sounded like a door slam.
There was then silence followed by screaming.
The jury was told there would also be evidence that the women watched Hart rush out of the cinema room, call out “Luke just shot at me” then get into the ute and drive off.
He set fire to the ute, possibly with the weapon inside, at Gerogery, but only – as he later admitted to police – after taking ice.
Mr Creasey said Hart then began walking across paddocks, ending up in Gerogery West.
“It was there he was seen sitting at front gate of premises owned by two off-duty officers,” he said.
“He was obviously affected by drugs at that time.”
Hart was soon arrested by Albury police.
The trial before Justice Stephen Campbell continues on Tuesday.