Two brothers who were alleged to have acted as “hired muscle” during the Stuart MacGill kidnapping have claimed the former star Test cricketer came with them willingly to a southwestern Sydney property.
Richard and Frederick Schaaf on Wednesday appeared in the District Court in an effort to be freed on bail as they await trial over the alleged abduction of Mr MacGill from outside his home on Sydney’s lower north shore last year.
The court has previously heard several men had demanded payment from Mr MacGill in the wake of a botched cocaine deal during which a dealer had ripped off the group.
Police have previously said Mr MacGill was “purely” a victim.
However, Sydney’s Downing Centre District Court heard on Wednesday the brothers had alleged Mr MacGill was “involved” in illegal activity and had agreed to come with them to the Bringelly property.
The brothers are two of six men who are set to face trial after Mr MacGill was last year allegedly taken to the property where he was assaulted, threatened with a gun and demands were made for money.
He was allegedly held for an hour before being driven to Belmore, in southwestern Sydney, where he was released and allowed to get into a cab.
However, the men’s solicitor, Greg Goold, disputed that version of events, describing the ordeal as friendly and saying he had agreed to get in the car.
“The argument is he consented to go,” Mr Goold said.
“Secondly, when they arrived at Bringelly, he was left in a car by himself unrestrained and had the opportunity to leave.
“Thereafter, there was no assault occasioned on him at all.”
The pair earlier this year pleaded not guilty to charges of take/detain in company with intent to obtain advantage, with the matter expected to go to trial mid next year.
The brothers were arrested over the alleged plot, alongside Marino Sotiropoulos, who is the brother of Mr MacGill’s partner, Maria O’Meagher, as well as three other men.
Mr Sotiropoulos has been charged with take/detain in company with intention to get an advantage, supplying a prohibited drug and stalk/intimidate intending to cause fear/physical harm.
He will appear in the District Court next month, when he is set to be arraigned and enter a plea.
Mr MacGill became embroiled in the affair after making an introduction between Mr Sotiropoulos and an alleged cocaine dealer known only as “Sonny”, the court heard last year when Mr Sotiropoulos made a successful bail application.
It has been alleged that after the dealer disappeared, the group of men pressured Mr MacGill to secure payment for the drug deal-gone-wrong.
The court heard it’s alleged Frederick and Richard Schaaf had acted as “hired muscle” during the ordeal.
Mr MacGill went into hiding for almost a week before he reported the alleged incident to police.
The court heard Ms O’Meagher had witnessed a lump on his head.
However, Mr Goold said those injuries were not consistent with suffering a “vicious” beating.
In a statement, Mr MacGill had said he was left fearing for his safety and that of his family, but Mr Goold said Mr MacGill’s evidence could not be relied upon.
The court heard Mr MacGill had claimed he was threatened with bolt cutters, however police had found garden shears in Richard Schaaf’s car.
And Mxjmtzywr Goold argued Mr MacGill ought to have known the difference.
The court was also played a short extract of CCTV from a Belmore make-up shop, which showed Richard Schaaf allowing Mr MacGill to get into a cab following the alleged abduction.
Mr Goold argued the vision was proof Mr MacGill was not under duress.
Police prosecutor Stella Calderbank opposed the brothers’ bail application on the grounds the proposed conditions would not ameliorate the risk of further offending.
Judge Alister Abadee will hand down his decision on the men’s bail application on Wednesday afternoon.
