Shotgun fired at unit in neighbourhood row, court told

Maddalin Reed was giving evidence in the committal hearing of David Bain, 41, of Wanstead Street, who has pleaded not guilty to reckless conduct that could cause serious injury, making threats to kill, using a firearm with criminal intent, unlawful assault with a weapon and two counts of aggravated burglary on January 3 this year.

Maddalin Reed was giving evidence in the committal hearing of David Bain, 41, of Wanstead Street, who has pleaded not guilty to reckless conduct that could cause serious injury, making threats to kill, using a firearm with criminal intent, unlawful assault with a weapon and two counts of aggravated burglary on January 3 this year.

A FATHER hid a shotgun in his pants before firing it twice at a unit in a residential Warrnambool street while his young children were nearby, a court heard yesterday.

The man’s daughter told the Warrnambool Magistrates’ Court she had seen her father place the gun down his pants and had heard shots after he had twice approached the unit.

Maddalin Reed was giving evidence in the committal hearing of David Bain, 41, of Wanstead Street, who has pleaded not guilty to reckless conduct that could cause serious injury, making threats to kill, using a firearm with criminal intent, unlawful assault with a weapon and two counts of aggravated burglary on January 3 this year.

He also pleaded not guilty to using telecommunications to harass between December 16-27 last year.

Ms Reed said she had watched her father for up to 15 minutes after he put a shotgun down his pants “because this was not the first time he had screwed up”.

Ms Reed said she did not see her father fire the gun, but heard it fire each of the two times her father went to the unit.

Later that evening she told her father he was stupid, asking him how he could have done such a thing when his children were in the vicinity — including her 10-year-old brother, Ms Reed said. 

The occupant of the Wanstead Street unit fired at, Paul McCrae, told the court he and Mr Bain had twice fought outside his unit in December last year.

He said Mr Bain had been staying with him at the Wanstead Street unit for about six weeks but they had fallen out over a $300 debt that Mr Bain claimed he owed him.

He said he had thrown Mr Bain out of the unit, placing his possessions in a shed outside the unit.

Mr Bain had subsequently sent him phone messages threatening him with violence.

Mr Bain had said he wanted his bong, another implement he used to smoke methamphetamine and a bag that contained drawings and the pencils and other utensils he used to draw.

Under questioning from Mr Bain’s defence counsel, Chester Metcalfe, Mr McCrae said while there had been a lot of yelling between the two during their second fight on the front yard of his Wanstead Street unit, no neighbours had come out to see what was happening.

“It is Wanstead Street, they are used to disturbances,” Mr McCrae said.

“They do not want to get involved,” he said.

On the day of the shooting, Mr Bain had come to his unit and pointed a sawn-off .22 rifle at him, saying “you are going to die for this”, Mr McCrae said.

He later heard what was a gunshot and had seen Mr Bain standing across the road from his unit, staring at his unit.

Mr McCrae said he heard the second shot about 10-15 minutes after the first.

Magistrate Ian von Einem committed Mr Bain for trial on the charges in the Victorian County Court on August 29 in Geelong.

Mr Bain has been in custody since the January 3 incident and was further remanded in custody. 

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