A KEY witness in the alleged murder of 18-year-old Ekampreet Singh Sahni at Bar Beach has been ordered to attend court and be cross-examined by prosecutors after he refused to give a statement to police.
Ja'Rell Warren De Jong, now 19, who last week avoided a jail term for possessing firearms in the lead-up to the shooting, is slated to be the only witness called during a committal hearing in Newcastle Local Court next month.
Ekampreet was gunned down in the car park on Memorial Drive about 11.40pm on April 23 last year.
Police have said a group of people were fighting in the car park when a white SUV drove up, a man armed with a firearm got out, fired, and fled in the vehicle.
Accused gunman Decklen Deaves-Thornton, 22, and alleged getaway driver Jack Kennedy, 25, have both been charged with murder.
They have not entered any pleas and their matters were mentioned again on Wednesday, when prosecutors applied to have De Jong attend a committal hearing to give evidence and be cross-examined.
Judge Caleb Franklin was told De Jong was not complying with police and had refused to provide a statement.
Lawyers for Kennedy consented to the matter being adjourned for a committal hearing, while solicitor Chris Watsford, for Deaves-Thornton, asked for an adjournment to get instructions about whether or not he would oppose the application.
Ultimately, Judge Franklin granted the application in Kennedy's matter, directing that De Jong must attend a one-day committal hearing on September 23 to give evidence.
Deaves-Thornton's matter was adjourned to September 2.
The Newcastle Herald reported last week that De Jong had avoided a jail term after he filmed himself holding a pistol in the back seat of a car about an hour before the two men in the front are accused of murdering Ekampreet.
In August last year, De Jong became the third person charged in relation to the shooting after investigators seized and analysed a number of mobile phones.
De Jong had been captured in four mobile phone videos holding either a silver revolver or a 30-30 calibre rifle in the days and hours leading up to the shooting at Bar Beach.
In one video filmed on April 15, 2025, De Jong is holding a silver revolver before the camera flips around to show Kennedy walking into the room and then pans over to a rifle lying on the bed.
In another video filmed the next day, De Jong is holding the 30-30 calibre rifle that was on the bed, a still frame showing distinctive yellow tape on the handle.
Another video taken by De Jong shows him in the back seat of a stolen Volvo at 10.45pm on April 23 - about an hour before emergency services were called to the Bar Beach car park.
De Jong is holding a pistol and the video allegedly shows Deaves-Thornton in the front passenger seat and Kennedy driving.
All three men are wearing gloves, according to an agreed statement of facts.
Police say a bright yellow colour visible between the front passenger seat and centre console is the 30-30 calibre rifle.
About an hour later, a group of people were fighting in the Bar Beach car park when police say the Volvo pulled up and Deaves-Thornton got out with a rifle.
Deaves-Thornton is accused of using the rifle to jab Ekampreet in the chest before shooting him once.
Kennedy is also charged with using an offensive weapon with intent to intimidate after police allege he also got out of the car before the shooting.
Ekampreet died at the scene, while those in the car fled and quickly torched the Volvo at Tingira Heights.
He was initially charged with seven offences, including not disclosing the identities of the passenger and driver of the Volvo.
De Jong pleaded guilty to two counts of possession of an unauthorised pistol and possession of an unauthorised firearm after prosecutors withdrew the other charges and was placed on a two-year community corrections order with 60 hours of community service.
