A man accused of firing a sawn-off 12-gauge shotgun at Denham's Beach, near Batemans Bay, has been refused bail in the Nowra Local Court.
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Troy Vlahos, 31, of Tummell Close, West Nowra, was arrested in Bomaderry on Friday, May 3, over the Denham's Beach shooting on Friday, January 12.
He was charged with firing a firearm in a manner likely injure persons/property, possessing a loaded firearm in a public place, possessing a shortened firearm without authority, using or supplying a stolen firearm or firearm part, possessing ammunition without holding a licence/permit authority and driving while disqualified.
His lawyer Matthew Zappia argued he should be given bail, as he was the father of four children including one who was in Westmead Children's Hospital facing serious medical issues.
Yet Vlahos faced a long time behind bars awaiting trial if the Director of Public Prosecutions decided to take over the case, Mr Zappia argued.
He said the Crown's case was "nowhere near as strong as it appears in the police facts sheet", including the fact Vlahos' DNA was found on the gun's barrel, but not on the trigger.
Mr Zappia said that and some of the witness statements suggested Vlahos might have been the target of the shooting, rather than the perpetrator.
However police prosecutor Sergeant Marc Turner said statements and the forensic evidence "all point in the direction of the fact that the offence was committed by the defendant".
Sergeant Turner said bail was "only as strong as the confidence the court can have in the defendant complying with the bail," and Magistrate Lisa Viney noted Vlahos had previously breached bail conditions.
She said there was "a reasonable prosecution case" and refused bail.
Vlahos is next due to appear before Batemans Bay Local Court on May 20.
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