A man who allegedly shot a churchgoer in the face during a “random” drive-by attack will be released on bail after spending 18 months behind bars on remand.
Jaye O’Connell, 33, is facing several charges including reckless conduct endangering life.
He has pleaded not guilty to the charges after prosecutors allege he shot the innocent 42-year-old man, who wished to remain anonymous, in the face from a car at Melton in November 2018.
It is alleged Mr O’Connell shot the man from the passenger seat of a car driven by co-accused Ben Hills, the court was told.
Mr O’Connell dialled in from prison for his bail hearing at Victoria’s County Court on Wednesday.
Crown prosecutor Stephen Devlin said he was concerned two witnesses, including the complainant, were fearful of Mr O’Connell and he was worried he would interfere with them ahead of his trial.
He also told the court the accused had a past history of offending while under the influence of drugs, had committed offences while on bail and would reoffend if he fell back into bad habits.
“He remains an unacceptable risk given previous offending … leading up to a crucial bit, the trial where witnesses are vulnerable,” Mr Devlin told the court.
Lawyers for Mr O’Connell said strict bail conditions and a $5000 surety from Mr O‘Connell’s mother should be enough to give the court “some comfort” he would not reoffend.
The court also heard from the alleged offender’s mother who said if Mr O’Connell stepped one foot out of line “she would dob him in herself” and that she had “had enough”.
While handing down her ruling, Judge Jeanette Morrish said the scales “tipped in favour” of granting bail.
Judge Morrish took into account that Mr O’Connell was said to have come from a good home and would have the love and support of his family, but that did not deter him from offending in the past.
However, she said she was “not satisfied” the risk was unacceptable, as proposed by the prosecution.
Mr O’Connell’s bail conditions include a curfew, abstaining from taking drugs or drinking alcohol, and restrictions from owning a firearm.
He is also forbidden from contacting the co-accused or witnesses and cannot attend venues that sell alcohol.
The court was told on Wednesday DNA was found on the firearm allegedly used for the shooting.
Ammunition was also allegedly found in Mr O’Connell’s bedroom.
Police earlier described how the alleged victim was “millimetres” from death.
Security footage captured the man dashing into the Caltex service station in Melton, where he pleaded for help.
O’Connell has spent more than 18 months behind bars awaiting trial, which is scheduled to begin in May.
