A CORRYONG man charged with possessing a “large pile” of ammunition days after a shooting allegedly involving his brother will contest the charge.
The bullets were allegedly found in a black Kia van in the town’s main street on May 23, sitting in a pillow case between Polibio and Giampietro Francioli’s feet.
Police continue to investigate if his brother was in the car at the time of the shooting.
Polibio recently returned to the Wodonga Magistrates Court and asked for a sentence indication on the ammunition charge.
He is banned from having firearms or ammunition.
Lawyer Mario Vaccaro argued he had no knowledge of the bullets and it wasn't his car.
He told magistrate Ian Watkins his client had approached police – who were in the area to alleviate community concerns after the shooting – to see if he was on bail.
That led the officers to search the van and the discovery of the items.
Mr Vaccaro said it was “(not the) action of a person who’s guilty”.
“He has no knowledge of it, therefore he’s not guilty of an offence,” he said.
Mr Vaccaro said Polibio had been cleared of involvement in the shooting, but police told the court that hadn’t been ruled out.
Mr Watkins said it would be hard to give a sentence indication, given Polibio would have to plead guilty to something he claimed to have no involvement in.
The magistrate said he felt “very uncomfortable” giving an indication, but Mr Vaccaro said his client wanted to get the matter dealt with so he could return to the town.
Strict bail conditions have kept the pair out of Corryong and the court heard there hadn’t been unrest since.
Mr Watkins suggested an onerous community corrections order would be within range, but he rejected the offer.
The matter will progress to a hearing expected to last half a day, with police and possibly his brother to give evidence.
Francioli, who was supported in court by his brother, also applied to have his bail changed to allow him back into Corryong.
He is banned from going within 50 kilometres of the town.
Giampietro is also banned from the area, but can attend his home at certain times.
Police opposed any changes, arguing the Franciolis were a tight-knit family and "bad blood could be reignited” in the town if they returned.
Mr Vaccaro argued he needed to return for work, but it emerged Polibio is still working for the same business, Upper Murray Seeds, on the Border.
The hearing will run on March 8.