Jury directed to find driver not guilty of murdering drug dealer

A NEWCASTLE Supreme Court jury has been directed to find Tyson Stamp not guilty of the murder of Tanilba Bay drug dealer David King due to insufficient evidence.

After prosecutors closed their case last week, Justice Dina Yehia on Monday directed the jury to acquit Mr Stamp of murder, ruling that the evidence could not establish that he was guilty of the charge.

The murder charge against Elijah Cage and Max Lowcock remains and those men and Mr Stamp are all still accused of kidnapping the woman who set up the drug deal that led to Mr King's shooting at Salt Ash on August 29, 2021.

They have pleaded not guilty.

"I have heard submissions concerning whether sufficient evidence has been led by the Crown that would entitle you to return a verdict of guilty to murder in the case of Mr Stamp," Justice Yehia told the jury. "I told you at the outset that you are the sole judges of the facts, but I am the sole judge of the law. "Having heard the submissions in your absence, as a matter of law, I have concluded that the evidence given could not establish the essential ingredients of the offence of murder in the case of Mr Stamp. "I have decided therefore, that there must be a verdict of not guilty to murder."

The foreperson then formally delivered a not guilty verdict in relation to the murder charge against Mr Stamp.

Tyson Stamp was acquitted of murder on Monday, a judge directing the jury to find him not guilty.

Mr King, a 45-year-old mid-level methamphetamine dealer, was killed when he was shot once at close range in the back of the head with a shortened shotgun while allegedly trying to flee a "drug rip" in Hideaway Drive on August 29, 2021.

It is the prosecution case that Mr King was shot by either Mr Cage or Mr Lowcock, who were in the car with him at the time he was gunned down, while Mr Stamp was nearby behind the wheel of a hired Hyundai Santa Fe.

Mr Cage and Mr Lowcock are accused of conspiring to rob Mr King and allegedly used a woman as an intermediary because she had a close friendship with Mr King and could "open the door" and get him to "let his guard down", Crown prosecutor Liam Shaw has said.

But Mr Shaw said the men did not go to Salt Ash with the intention of shooting Mr King, instead intending to rob him while armed with the shortened shotgun.

Before the directed verdict, Mr Shaw had said it was the prosecution case that all three men were guilty of murder based on an extended joint criminal enterprise; that there was an agreement to rob Mr King with a loaded firearm and the men foresaw the possibility that Mr King would be shot and killed with at least an intention to cause grievous bodily harm.

The men deny there was any plot to rob Mr King and say they went to Salt Ash to buy half an ounce of methamphetamine.

From left, alleged murder victim David King, Elijah Cage and Tyson Stamp ... Cage, Max Lowcock and Stamp have pleaded not guilty to murdering King at Salt Ash in 2021. And on Thursday, Stamp was acquitted of murder, a judge directing a jury to find him not guilty.

Justice Yehia's direction to the jury was precipitated by an application from Mr Stamp's barrister, Public Defender Peter Krisenthal, who, at the conclusion of the prosecution case, submitted there was insufficient evidence to prove his client was guilty of murder on the basis of an extended joint criminal enterprise.

The trial continues and the jury is expected to begin hearing closing addresses on Monday, first from Crown prosecutor Liam Shaw.

After that, barrister Leah Rowan, for Mr Lowcock, Public Defender Angus Webb, for Mr Cage, and Mr Krisenthal will each deliver their closing addresses.