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Witness beats fear

 

30Nov06

A KEY witness who had been too scared to give evidence in court about the attempted murder of New Zealand man Pita Wilson earlier this year has agreed to come forward, throwing the committal hearing against alleged shooter Finks bikie Yassar Bakir into disarray.

A man named Ben Radcliff gave a statement to police after the alleged shooting but later said he wouldn't testify in court unless he was given indemnity.

Yesterday, the request for indemnity was approved.

Police prosecutor Sergeant Warren Murdock said as a result more witnesses, who had also feared retribution, were coming forward and the committal hearing would have to be put on hold while police collected new evidence.

It is unknown how Mr Radcliff is connected to the case or what his evidence may be.

The revelation came at the end of the second day of the committal hearing in the Southport Magistrates Court where Finks member Yassar Bakir, 31, and co-accused Steven Milton Hill, 27, faced charges of attempted murder.

It is alleged Mr Hill drove Mr Wilson to The Spit where Mr Bakir allegedly shot him eight times on June 9 this year.

The court was told Mr Radcliff wanted indemnity because the evidence he would give in court would incriminate him, including allegations of drug trafficking.

Barrister Adrian Gunderlach, acting for Mr Bakir and solicitor Bill Potts, acting for Mr Hill, received Mr Radcliff's statement during the lunch break about 2pm.

When the court resumed after lunch, Mr Gunderlach said the committal hearing had turned into a 'shambles'.

He said police had withheld Mr Radcliff's statement for more than four months and that it contained information about Mr Wilson being involved in drugs and prostitution.

Mr Gunderlach and Mr Potts both told the court that the new evidence had put the defence at a disadvantage.

"The committal can't go ahead in its present form. It would be like an elephant in the room which we have been asked to ignore," said Mr Potts.

Prior to the afternoon court session, and before the new evidence came to light, the prosecution and defence were already asking for an adjournment based on fresh charges against Mr Hill, which resulted after the conclusion of a covert operation.

On Tuesday, Mr Hill was charged with attempts to procure the commission of a crime in connection with the alleged shooting.

The court was told a covert operation, named Echo Prawn, which finished yesterday had produced a tape which Sgt Murdock said contained admissions from Mr Hill that he had 'set up' Mr Wilson.

Sgt Murdock read from a transcript and said that on October 17, a covert operative named 'Eagle' had a conversation with Mr Hill.

"How did you get fingered in the first place?" asked Eagle.

"The guy that who got shot says I drove him there," replied Mr Hill.

Soon after Sgt Murdock said Mr Hill could be heard to say 'Yeah I set him up and he got shot'.

Mr Potts argued the tape did not prove an admission of guilt by Mr Hill.

He said it was merely that Mr Hill believed that was what Mr Wilson thought had happened.

Mr Gunderlach and Mr Potts said because of the wealth of new evidence they had been given, the charges against Mr Bakir and Mr Hill should be dismissed until police had a finished gathering evidence.

But magistrate Ron Kilner said he was frustrated by the delay but would not dismiss the charges.

He said the evidence Mr Wilson had given on the first day of the hearing, on Tuesday, indicated 'the involvement of both the defendants' in the alleged shooting.

"It's as plain as the nose on your face that there was evidence before me that both defendants were identified and one has been accused of pulling the trigger," said Mr Kilner.

"I can't make a decision until that evidence has been tested (cross-examined) and I have not prejudged any issue. (But) I wish someone would take more notice of how overworked this place is and how under-resourced it is."

The committal hearing was expected to last three days and wind up today.

Security was again tight with special emergency response teams from Brisbane, plain-clothes detectives and uniformed police guarding both the entrance and inside the courtroom.

In between the lengthy legal arguments for an adjournment, Mr Wilson's former girlfriend briefly took the witness stand.

Cara Stewart, 23, of New Zealand, told the court she had been dating Mr Wilson for six months at the time of the alleged shooting.

During cross-examination, Mr Potts asked Ms Stewart if Mr Wilson was a member of the Japanese underworld gang, Yakuza.

She said she did not know if he was.

Ms Stewart also denied knowing he smoked the drug 'ice' or used other amphetamines.

"Do you know anything about him at all?" asked Mr Potts.

"I do now," she replied.

Ms Stewart said on the day Mr Wilson was shot, the pair were at a Broadbeach hotel for 30 minutes before Mr Wilson received a phone call and left.

The next time she saw him was in Gold Coast Hospital after reading about the shooting of a Maori man in the newspaper.

Representatives for Mr Bakir and Mr Hill are expected to make bail applications for the men this morning and a date for the resumption of the committal hearing will be set.

Yesterday, Mr Gunderlach said Mr Bakir should be released on bail because it was unclear when the committal hearing would be ready.

He said Mr Bakir had spent four to five months in custody and wanted to get back to his wife and three children.

He said Mr Bakir was prepared to offer a $100,000 surety and abide by strict bail conditions including a residential conditions and reporting to police.

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