So when Stuart Smith told him he had a shot on a young stag deer, Mr Welch told him to take it.

The aim was true but, tragically, Smith’s judgment was not.

The shot did not hit a deer but instead Mr Welch’s twin brother Nick, 19, who had separated from the two a few moments earlier as the party pursued a deer.

Nick, who was wearing camouflage clothing and carrying a green back pack, died at the scene.

Mr Welch yesterday recalled the tragic hunting expedition on the first day of a committal hearing into his brother’s death.

Smith, 23, pictured right, has been charged with manslaughter and Mr Welch was the first witness called in a committal set down for three days.

He told the hearing how the shooting happened and the mistakes which had been made as they hunted near Tallangatta in 2010.

Mr Welch said he had suffered nightmares in the wake of the shooting.

Jake Welch was accompanied by brother Nick and university friend Stuart Smith when they went looking for samba deer near Fernbank along the Omeo Highway on July 25.

The hearing was told just before the shooting the three men had separated along a ridge which Mr Welch now considered was a mistake.

Nick Welch accompanied the other two on the shooting expedition, but did not have a gun.

They had seen a female deer after they heard crashing in bush and watched it with binoculars they each had.

The three men continued up a ridge, heard more crashing which they thought was a deer and raced after it with Nick Welch going to the left and the other two to the right.

There was an estimated lapse of 20 to 30 seconds before Smith fired the fatal shot.

Mr Welch’s path up the ridge had been blocked by a tree and Smith was standing about two metres from him.

Smith told Mr Welch he had a deer and said: “It’s a young stag.”

Mr Welch asked whether he had a shot, Smith replied that he did and was told: “Take it.”

Magistrate Stella Stuthridge was told Smith had no hesitation about what he saw.

Barrister Shane Gardiner asked Mr Welch if Smith had expressed any hesitation about what he saw, would he have encouraged him to take the shot.

“No. I trusted his judgment,” Mr Welch replied.

Smith had the scope of his rifle on the object for about five seconds before taking the shot.

Mr Welch could not see what Smith was looking at and was watching him about two metres away.

“I knew it hit something before I found out it was Nick,” Mr Welch said.

The hearing continues today.