Tuesday, December 11, 2012
A MONGREL mob member is on trial in the High Court at Gisborne for attempted murder — for allegedly firing a .22 calibre sawn-off rifle at a group of people in the city centre last year.
Thomas William Grace, 34, has pleaded not guilty to attempted murder and not guilty to a second count of discharging a firearm with intent to cause grievous bodily harm.
The incident happened on the evening of November 5, 2011 on the corner of Cobden Street and Gladstone Road.
CCTV footage will be shown during the trial to detail events leading up to the shot being fired.
The jury of seven women and five men have to decide whether Grace deliberately fired a shot at a person and whether he had murderous intent.
Defence lawyer Bill Calver said Grace and his friend William Edmonds were with their girlfriends walking on the outskirts of town when they were confronted by a group of about nine or more people, which vastly outnumbered them.
The groups were on opposite sides of the road.
Crown prosecutor Jo Rielly said Edmonds called out to one of the members of the group and challenged him to a fight.
It was not clear if he challenged a particular person or was just challenging a person from the group, some of whom were Black Power-affiliated, she said.
There was swearing and chanting of gang slogans shouted across Gladstone Road between the two groups.
A fight between Joshua Robinson and Edmonds started beside the Shell Service Station. It involved punching, kicking and head-butting.
Under cross-examination by Mr Calver, Mr Robinson said he was happy to fight with Edmonds who had upset him by calling out taunts.
Witnesses said the fight lasted about five minutes and there were no significant injuries to either man.
The taunts continued and Grace reached inside a bag, pulled out a .22 calibre rifle and fired one shot.
Mr Robinson was adamant that the gun was pointed at him from a distance of about six metres away.
Grace, Edmonds and the two women then fled the scene, running down Childers Road towards Countdown Supermarket.
Mr Robinson and his friend Chase Joseph, who had been standing beside him when the shot was fired, chased after them.
Mr Robinson said he did not fear being shot at again but gave chase out of a mixture of adrenalin and aggravation because someone had just taken a shot at him.
During the chase, Mr Joseph said he saw Grace pass the firearm to Edmonds, who then attempted to hide it in bushes.
Police were called.
Edmonds was spoken to that night and charged with unlawful possession of a firearm for the time that he had the rifle.
He was convicted and sentenced for his role in the incident.
Grace was located two days later after he handed himself in to police.
PROCEEDING