A Corrimal man who allegedly fired shots into a family member's property on Easter Sunday while intoxicated will remain behind bars after a failed bail application.
Daniel Gene Murray, 53, appeared via audio-visual link from custody at Wollongong Local Court on May 22 in hopes of being granted bail by Judge Michael Love.
The incident allegedly occurred on Albert Street near Joyce Lane about 6.40pm on April 5, when Murray allegedly fired shots into a family member's property over a dispute related to a shed.
Murray was alleged to have been drunk and grabbed a rifle that he allegedly had kept wrapped in a towel for about 10 years, before firing shots into the house.
"How am I supposed to grant bail to that person?" the judge asked.
Shots fired
According to court documents, Murray was allegedly armed with a Mohawk 600 .22 calibre bolt-action rifle, which police allege he used to fire into the premises.
The court heard Murray had previously rented the neighbouring property from a family member and had recently purchased the house next door.
He faced the alleged charges of possessing ammunition without a licence, not keeping a firearm safely and having an unregistered firearm.
Murray also was charged with allegedly firing at a dwelling with disregard for the safety of any person and enter dwelling with intent to intimidate and commit a serious indictable offence.
Murray has been in custody since his arrest, having been refused bail on April 6.
Judge questions bail
When Murray first applied for bail, his lawyer stated he was unfit for jail, citing depression, coeliac disease, and medication for blood pressure.
It was also submitted that he was paying off a "million-dollar mortgage" and had no prior firearm or violent offences in his history.
Judge Love questioned whether a new bail application met the legal threshold, which required either new information or a change in circumstances to be provided.
His defence lawyer argued there was a change in circumstances, claiming Murray believed no one was inside the property at the time, as he had seen occupants leave.
However, the judge rejected the submission, noting police facts alleged Murray was yelling "get out you c---" while firing shots.
"Who was he yelling out to then?" the judge asked.
The lawyer said Murray had "no recollection of those words being uttered".
The court also heard that whilst being in custody, Murray had been on long service leave which was due to end, making a refusal of bail would impact his job. After returning from lunch break, Murray's application for bail was withdrawn.
The matter is to return to Wollongong Local Court for an update on the progress of the case on June 3.
