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ABC News
ABC News
National
court reporter Claire Campbell

No proof man accused of supplying gun for murder knew its purpose, Adelaide court hears

Prosecutors are relying on ANOM messages to convict a man of conspiracy to murder. (Photo by OLIVIER MORIN/AFP via Getty Images)

There is no proof an outlaw motorcycle gang member accused of supplying the gun to carry out a murder in Adelaide's east knew the weapon would be used to kill someone, an Adelaide court has heard.

The 39-year-old, whose identity is suppressed, was charged in June as part of Operation Ironside with conspiracy to murder, conspiracy to cause serious harm and drug trafficking.

During a bail review, the Supreme Court heard the man had allegedly sourced a revolver to help kill a man at Rosslyn Park who had a "long-standing rivalry" with a Comanchero leader.

Prosecutors told the court there was a plan of "escalating violence" developed over several months and it was clear that what "was intended was murder".

Lawyer Marie Shaw QC said they were "mere allegations" and there were "weaknesses in the prosecution case".

"The prosecution case is to prove that he had knowledge that this was the purpose of the firearm and it wasn't to threaten, it wasn't to perform any other lesser crime than murder," she told the court.

"They don't support beyond reasonable doubt that he was part of any agreement to murder at the time he supplied the firearm.

"We admit sourcing a firearm is serious but in stark contrast to a charge of conspiracy to murder."

She told the court the matter still had "some months to go" in the Adelaide Magistrates Court before it could be committed for trial where there would be "a long wait time".

Accused faces more assault charges

The court heard the man had "serious" sleep apnoea and had lost 30 kilograms in prison as he was unable clean or properly use his machine or monitor his condition.

Ms Shaw told the court a home-detention address had been deemed suitable and her client's father had agreed to provide a $10,000 guarantee.

But prosecutors opposed home-detention bail, saying the man was at risk of reoffending if he was released.

The court heard the man was further charged with trafficking 10 kilograms of methamphetamine and conspiracy to assault a member of the Comancheros group at the Adelaide Aquatic Centre over a drug debt.

"The applicant and another co-accused discuss the need for weapons, what weapons they have available to bring.

"The applicant describes having a pole but he needs to obtain some gloves, but not to worry that the pole is a hollow one but it's strong so it won't bend.

"Discussions over baseball bats as well, wooden bats or metal bats … the obvious inference being weapons used in a beating that then will inflict less serious injuries."

Justice Laura Stein has ordered further reports, with the matter due to return to court next month.

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