A 21-year-old man accused of using a firearm to intimidate witnesses in a murder trial more than a year ago has been refused bail.
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Jake Quinton is accused of attempting to pervert the course of justice by trying to persuade two witnesses from giving evidence in the trial related to the killing of Springbank veteran Ken Handford in September 2015.
Detective Senior Constable Zoe Brunwin told the Ballarat Magistrates Court on Thursday Quinton and co-accused Travis Scott, 32, entered a Ballarat East home on October 11, 2016 shortly after 5am.
She said the pair were armed with firearms when they woke one of the witnesses in his bedroom and told him to move into the lounge room.
The victim called out to the second man, another key witness, who was sleeping in the house.
“Both firearms were trained on the victim,” Detective Senior Constable Brunwin said.
“One of the accused said “why do you think we have guns? We are here to warn you not to testify. You better not testify against (Adam Williamson) and (Jonathon Cooper)”.”
The court was told a shot was allegedly fired with no impact, but when Quinton and Scott left the house, a shot was fired through a window which hit one of the victim’s in the elbow.
“It was more by good fortune than good management that neither (victims) were seriously injured or killed,” Detective Senior Constable Brunwin said.
Police opposed Quinton’s bail application, saying he was an unacceptable risk of reoffending and interfering with witnesses.
Defence barrister Hayden Rattray told the court there were issues within the prosecution case relating to Quinton’s identification.
If granted bail, Quinton could live with a friend who did not live near Ballarat.
She gave strong evidence on Thursday she would contact police if he breached conditions.
Mr Rattray said a geographical exclusion area could be included to ensure Quinton would not contact witnesses.
But in refusing bail, magistrate Mark Stratmann said Quinton was an unacceptable risk of committing offences while on bail.
Scott and Quinton face 10 offences, including being a prohibited person who used a firearm, attempting to pervert the course of justice, aggravated burglary and recklessly causing injury.
A committal hearing for the pair is expected to continue on December 13.
