A case against an alleged Canberra gunman relies partly on a half-blind criminal picking him out of a photo lineup, a defence barrister has told a court.
Christopher Cunningham, 33, is awaiting trial in the ACT Supreme Court for his alleged involvement in what police say was a bikie-linked shooting at a house in Theodore on March 2, 2019. He allegedly shot a man in the thigh during the incident.
Cunningham has pleaded not guilty to intentionally inflicting grievous bodily harm, possessing an explosive substance, and possessing a prohibited firearm. He was earlier charged with attempted murder, but the charge was withdrawn.
Cunningham was due to face trial on Monday, along with his co-accused Benjamin James Moarefi, but it was delayed - partly because of the coronavirus pandemic.
Prosecutor Marcus Dyason said some of the case's dozens of eye witnesses had refused to provide statements, while Cunningham's defence barrister, Travis Jackson, said the trial's timing was complicated by the prosecution's attempt at calling another seven witnesses.
That would bring the trial's total witness count to between 25 and 30, and see it run into a third week.
"The issue of any delay is not at the feet of the [accused]," Mr Jackson said.
Cunningham applied for bail on Monday. He was remanded in jail on April 30, 2019, after Alex Dimitrov picked him out of a photo board lineup and identified him as being involved in the Theodore shooting.
Police documents tendered to the court allege Cunningham was trying to help Dimitrov recover a debt on March 2. The former Canberra chapter president of the Comanchero bikie gang, Peter Zdravkovic, allegedly introduced the pair.
The documents said they were at Dimitrov's Theodore home when Cunningham had an argument on the phone with a man Dimitrov said owed him money.
The man later turned up at the Theodore house along with five others, and Cunningham allegedly fired several rounds at them using a rifle and shot the man in the thigh.
Mr Jackson on Monday said Dimitrov was an unreliable witness who had a criminal history, and was "clearly" involved in the illicit drug trade.
Mr Jackson said Dimitrov had previously said he was fully blind in his right eye. On another occasion, he said he was 70 per cent blind in that eye.
He said another two witnesses didn't pick out Cunningham from the photo board.
Mr Dyason said the prosecution's case also relied on forensic evidence.
He said Cunningham could not be bailed to work in his previous tyre repair job in Fyshwick. The court documents said police found Cunningham's ammunition and powergel explosive in a safe when they executed a search warrant at the workplace.
Justice John Burns granted Cunningham bail on grounds including that he'd been in jail for nearly 12 months, and it was "not an exaggeration" to say his trial might not go ahead for two years.
As part of Cunningham's bail conditions, he must stay at a nominated relative's house unless he is reporting to police or attending pre-booked medical appointments. Cunningham is required to report to police daily.
