A 23-year-old man has pleaded not guilty to an aggravated home invasion where a gun was pointed at the frightened owner's head, and other burglaries and thefts across the region.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Bryce Ferry was committed to stand trial on Thursday despite his barrister arguing the prosecution did not have enough evidence for a jury to find his client guilty.
The prosecution rely on CCTV footage of who they say is Ferry wearing a distinctive tracksuit during last year's crime spree, while there is forensic evidence Ferry is linked to a vehicle dumped near the scene of a supermarket burglary.
The victims of the aggravated home invasion on Cummings Road, Maddingley, told the online Ballarat Magistrates' Court they were woken at 2.24am on August 27, 2019, by banging sounds.
The male owner, who was asleep on the couch in the living room, said he got up and entered the sun room towards a sliding door.
He said he saw four people wearing head torches, hooded jumpers and face coverings, and it appeared there were lights on their firearms.
"I could see something in his hand. It was a firearm pointing at me," the man said.
"It was scary because what I felt was a firearm pointed at me. It was pointed at my head."
The man said he heard someone yell at him not to move and the offenders rushed towards him before he closed the sliding door and the curtain.
The female owner said she heard her partner's voice, she got out of bed and saw her partner standing at the sliding door where a light was coming through.
She said she returned to her bedroom and as she called the police, she saw two men outside her window. One man was wearing a red hooded jumper and he was carrying what she thought was a gun.
After giving her evidence, the female victim gave the police new CCTV footage captured on the night, which the informant had not seen.
The footage played in court showed a number of lights approaching the back of the victims' house followed by banging sounds and someone yelling, 'don't f***ing move'.
A Bacchus Marsh police officer who responded to the incident told the court she saw a man wearing distinctive clothing walking along the road near the house.
She said she saw the man carrying a metal object in his left hand about one metre long and her gut instinct was it was a gun or a tyre lever.
The man got inside a blue vehicle, which police believe belonged to Ferry's partner's mother, and left the area.
Defence barrister Martin Kozlowski argued the witnesses were not certain a firearm or offensive weapon was involved in the incident. He said there was no evidence of anyone entering the house with a firearm.
But when asked if the prosecution had direct evidence the man wearing the tracksuit had a firearm, police informant Detective Senior Constable Ben Murray said he had viewed CCTV footage and it was a firearm.
He said Ferry had been linked to a theft of cigarettes at the Ballan IGA supermarket on August 17 and a burglary at the Heathcote Post Office.
He said CCTV footage from the Heathcote incident showed a man wearing the same distinctive tracksuit.
Detective Senior Constable Murray said a blue Audi sedan was dumped 150 metres from the Ballan supermarket incident before a ute was stolen nearby.
He said the Audi sedan contained Ferry's wallet, a firearm with his fingerprints on it and jewellery.
Magistrate Noreen Toohey said the evidence relating to the Maddingley aggravated home invasion was compelling, there was strong evidence relating to the Ballan incidents and there was a distinctive tracksuit seen in the Heathcote CCTV footage.
"Having viewed all of the evidence, I am satisfied the evidence is of sufficient weight to support a conviction," Ms Toohey said.
Ferry pleaded not guilty to the charges, including aggravated home invasion, burglary and car theft.
A directions hearing was set down for December at the County Court in Ballarat. Ferry appeared via a video link from prison for Thursday's hearing.