Bail opposed for accused Wanstead Street shooter

POLICE say a Warrnambool man accused of a street shooting will be a danger to the public if he is bailed, a court has heard.

David Bain, 41, of Wanstead Street, yesterday appeared in Warrnambool Magistrates Court for a bail application.

Mr Bain is facing multiple charges, including reckless conduct endangering serious injury, threat to kill, assault with a weapon, two attempted aggravated burglaries and stalking after shots were fired in Wanstead Street earlier this month.

Detective Senior Constable Nick de Ridder, of the Warrnambool crime investigation unit, said the alleged victim was petrified of Mr Bain and feared there would be repercussions after he made a statement to police.

Mr Bain’s defence counsel said that if bailed Mr Bain’s sister was happy for him to live with her in Melbourne and there would be no reason for him to return to Warrnambool. He said the prosecution’s case relied on one witness who had a prior conviction for drug trafficking and psychological issues.

Earlier this month the court heard Mr Bain had been staying with the alleged victim in Wanstead Street when he was asked to find alternative accommodation because he wasn’t complying with Department of Housing rules.

In December last year there was also a dispute between the two men, with Mr Bain claiming he was owed $300.

On Friday, January 3 Mr Bain went to the unit and demanded the money be paid. Police alleged he was aggressive and threatened the man that he would “die for this”.

Detective Senior Constable de Ridder said the alleged victim saw a rectangular wooden item tucked into Mr Bain’s pants, which he believed to be a firearm.

The man locked the security door and heard a loud crack, which he believed was a gunshot.

After Mr Bain left, then returned 10 minutes later, the unit’s occupant hid in the toilet area and dialled triple-0. The man heard another loud bang, which he believed to be a gunshot. 

Police attended and at 7pm Mr Bain walked past the unit and was arrested. 

Two empty cartridges were found in one of his pockets.

Magistrate Peter Mellas adjourned the bail application part-heard until tomorrow.

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