A jury is considering its verdict for a man accused of shooting a bikie and a bystander at a Gold Coast shopping centre.
The jury in the trial of a gunman who shot a bikie and an innocent bystander in a busy Gold Coast shopping centre has retired to consider its verdict.
Mark James Graham, 28, opened fire on then-Bandidos member Jacques Teamo at the busy Robina Town Centre shopping precinct in April 2012.
One of Graham’s shots also hit bystander Kathy Devitt in the buttock.
Graham’s defence team has argued he shot Teamo lawfully in self-defence and accidentally hit Ms Devitt.
He has pleaded guilty to possessing a weapon.
But he has pleaded not guilty to charges of attempted murder, unlawfully wounding with intent to maim, and unlawfully wounding Ms Devitt.
The jury retired from the Supreme Court in Brisbane to consider its verdict on Monday afternoon, having heard Justice Alan Wilson sum up the case and closing arguments from both sides.
Crown prosecutor Michael Byrne QC and defence barrister David Edwardson QC both focused their arguments around the issue of self-defence.
Mr Byrne QC said Graham’s decision to shoot twice after Teamo had seen the gun and tried to retreat indicated Graham used more force than necessary to defend himself.
“Teamo has been struck by the stark realisation that he’s turned up to a gunfight with a knife,” Mr Byrne told the court.
But Mr Edwardson argued CCTV footage showed Teamo was the “provocateur and aggressor” and there was nothing definitive that showed Graham reached for his gun before Teamo pulled out a knife.
“The fact that Jacques Teamo came off second best does not mean that Mark Graham has committed a crime,” he told the jury.
Mr Edwardson also said that just because Ms Devitt was shot, it did not necessarily mean Graham was criminally responsible.
“She was collateral damage from the defensive actions of a man who probably saw his own life flashing before his eyes,” he said.
If the jury doesn’t reach a verdict by Monday evening, it will return to continue deliberations on Tuesday morning.