BAIL has been handed to a man accused of shooting at a person with intent to murder.
A solicitor for accused Anthony Koicev argued in Tamworth Local Court that police facts made no mention of gun pellets or damage to the car door allegedly shot at in Carroll in October.
The police case relied heavily on the evidence of the complainant, defence solicitor Geoffrey Archer said, and it was weakened due to what he claimed was a lack of physical evidence.
"It would be unusual for one to fire a sawn-off shot gun at a vehicle located 15 metres away to have no damage, and no pellets," he said.
Koicev faces a maximum of 25 years if he is found guilty of shooting with intent to kill.
Police allege the 38-year-old fired a gun out the window of his car parked on Phillip Street at another man in a vehicle parked a short distance away, at 11.10pm on October 17.
Mr Archer said the police officer who attended the crime scene did not make any reference to marks on the vehicle door.
I don't think you can rely upon the word 'fresh' to the extent you are attempting to.Magistrate Philip Stewart
"Your Honour would have concern in relation to the veracity of [the complainant] having subsequently discovered this damage three or four weeks after it was supposed to have occurred," he said.
"They appear to be fresh, and that's Senior Constable Nash's [the officer who attended] comment, not mine.
"They appear to be fresh rather than rusted."
Magistrate Philip Stewart allowed the bail application but said he would need more evidence from the ballistics report.
"I don't think you can rely upon the word 'fresh' to the extent you are attempting to," he said.
Koicev made an application for bail on October 21. It was refused and adjourned while police compiled a brief of evidence.
Delays in the brief of evidence were due to a wait on forensic test results, police prosecutor Sergeant Cynthia Donovan told the court.
"The DPP have now sent me through, at 12pm, the GSR results; there is an indication of chemical residue from a firearm and I tender that," she said.
"This is a matter where we needed additional time because forensic material had not come back from ballistics yet."
Mr Stewart granted bail on the condition Koicev be of good behaviour; report daily to a police station in Newcastle; comply with a curfew; not possess any firearms; and post $1000 surety.