A MAN who broke into a home at Scone in the early hours of the morning because he says he heard the occupant was selling drugs to kids was shot three times at close range with a revolver, Newcastle District Court has heard.
But Paul Patrick Condon, 53, claims it was the intruders who brought the gun into his house and it "went off" during a struggle as he desperately tried to stop them from breaking in.
Mr Condon on Monday pleaded not guilty to five shooting offences and faced the first day of a trial in Newcastle District Court that will focus on what happened inside a laundry at the back of a home in Barton Street, Scone in the early hours of November 24, 2020.
During her opening address, Crown prosecutor Jane Krippner told the jury that in November, 2020, Mr Condon was growing cannabis in the garage of his home at Scone and the alleged victim had heard from a mate that Mr Condon was supplying drugs to children.
"I expect [the alleged victim] will tell you that he took offence to that," Ms Krippner told the jury. "And that he offered to go to the accused's home and "give him a bit of a touch up"."
Ms Krippner said someone pointed out to the alleged victim where Mr Condon lived and showed him a picture of the cannabis crop and about 3am on November 24, 2020, he decided to pay Mr Condon a visit.
Ms Krippner said the alleged victim entered the home in Barton Street through the back door and was in the laundry when a shot was fired from inside the house, through the laundry door, and struck the alleged victim in the left knee.
The alleged victim claims he fell backwards into the back door as the laundry door opened and Mr Condon fired another shot, this time striking the alleged victim in the right ankle, Ms Krippner told the jury.
"I expect that [the alleged victim] will tell you that the accused then came up close to him and pointed the barrel of a pistol so that it was touching [the alleged victim's] face," Ms Krippner said. "He'll tell you that he thought he was going to be shot in the head and hit out at the accused."
The gun was discharged again, this time striking the alleged victim's right shoulder.
The pair both fell to the ground, Ms Krippner said, and the alleged victim ran from the house and jumped into his car.
He drove to a friend's house and was then taken to Scone Hospital where he was treated for three gunshot wounds.
He was later transferred to John Hunter Hospital for further treatment and bullets were removed from his shoulder and ankle. The gunshot wound through the knee was a "through and through".
Ms Krippner said when he was initially spoken to police, the alleged victim told a "story" about being shot on the side of the road. He later called police back and told them he was at the home in Barton Street when he was shot.
Mr Condon voluntarily went to Scone police station to speak to investigators and participated in a video walk-through of his home and an interview, during which he denied having possession of the firearm used in the shooting.
Ms Krippner said Mr Condon told police he was at home in the early hours of the morning when he heard a loud noise coming from the back door. He said he armed himself with a knife and went towards the laundry where he was confronted with a gun poking through the partially closed sliding door.
Mr Condon told police he grabbed the gun and wrestled with the man before the weapon went off "four or five times". He said there were two men inside his laundry and he could hear a third person outside.
He said the men fled and he did not think anyone had been shot.
He said he did not call police about the break-in because of the cannabis crop he was growing in the garage.
The revolver found in the laundry by police was unregistered and no fingerprints were found on the gun, the jury heard.
During his opening address, defence barrister Jason Curtis told the jury Mr Condon disputed claims that he was armed with the gun and said it was discharged while he was in the process of trying to stop people breaking into his home.
The trial will continue on Wednesday.
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