Jury retires to consider verdict in aggravated burglary case

A Ballarat jury has retired to decide whether a 37-year-old man entered a house and aimed a gun at the victim during an alleged aggravated burglary.

The jury of six women and six men retired to consider their verdict at the County Court at Ballarat at 2.37pm on Wednesday.

Brock Morgan has pleaded not guilty to aggravated burglary and common assault from an alleged incident in Alfredton on December 4, 2016. 

During his closing address on Wednesday, defence barrister David Gray said the credibility of the alleged victim, who gave evidence on Tuesday, was vital.

“It relies totally on (the alleged victim) because there is no other evidence of a gun, there is no other evidence of (Morgan) going into the house,” Mr Gray said.

He told the jury the alleged victim testified he sat outside the front of his home shortly after Morgan left his property.

“Is he stupid? No, he is lying about the gun … He is having a smoke out the front. It’s a pretty powerful piece of evidence,” Mr Gray said.

“There is no police there to protect him when he goes out the front to wait for his mate. There is a gunman on the loose.”

Mr Gray told the jury not to accept the alleged victim’s evidence, saying if there was no gun there was no offending.

Crown prosecutor Patrick Bourke told the jury the accused told two lies, which significantly affected his credibility. 

He said the first lie included telling police he would not recognise the alleged victim if he passed him in the street, however he had seen him about three weeks before the alleged incident.

“This lie goes against his credibility,” Mr Bourke said.

He said in the second lie, Morgan told police he had never been to the victim’s house before the alleged December 4 incident.

“If you agree that he told that lie, then that becomes evidence that he committed the offences coming from the accused’s mouth,” Mr Bourke said.

The jury was told the alleged gun had not been found, but a palm print matching Morgan was inside the home. The trial will continue on Thursday.