"Any number" of plans would have been better than the reality if a group of hooded intruders went to the home of a former Canberra bikie boss to shoot him, a court has heard.
One of Comanchero gangster Axel Sidaros' barristers made that claim in the ACT Court of Appeal on Friday as the 27-year-old challenged convictions stemming from an attack on ousted senior outlaw Peter Zdravkovic.
Sidaros was last year acquitted of attempting to murder Zdravkovic, who had been booted out of the bikie gang, during a fiery June 2018 assault in Calwell.
He was, however, found guilty of six other offences committed during the same incident, including arson and intentionally inflicting grievous bodily harm.
Justice David Mossop decided, following a judge-alone retrial in the ACT Supreme Court, that Sidaros was one of four hooded figures depicted in home CCTV footage of the attack.
The 27-year-old was found to have been one of the two men seen shooting at a naked Zdravkovic, who emerged from the shower and had part of a finger blown off by a bullet as he returned fire with a rifle.
The other two assailants poured petrol around the Calwell property before igniting it, burning three of Zdravkovic's cars.
Murugan Thangaraj SC, appearing for Sidaros, told Friday's appeal hearing the trial judge had made key findings based on inadmissible firearms evidence.
Mr Thangaraj told the court that if this alleged error was corrected, the case against Sidaros would be much weaker and there would be doubt about whether he was in fact one of Zdravkovic's assailants.
Stephen Odgers SC, another barrister for Sidaros, contended that half of the guilty verdicts against the man were unreasonable even if he was among the attackers.
He said these included Sidaros' conviction for intentionally inflicting grievous bodily harm.
Mr Odgers, instructed by solicitor Michael Kukulies-Smith, argued it was "significantly more plausible" that the intruders only went to Zdravkovic's home to start a fire than it was that they arrived intending to shoot him.
He advanced a hypothesis that the men only took guns to defend themselves in the event they came under attack while carrying out the arson.
Mr Odgers said CCTV footage of the incident, showing a glass door being broken and petrol being poured inside, and around the yard, was "entirely consistent" with this theory.
"If you're planning to shoot [Zdravkovic], would you give him warning by breaking into the premises prior to that?" he asked.
Mr Odgers added that the offenders undertook "a fairly noisy activity" when there would have been "any number" of better plans to shoot Zdravkovic if that was their objective.
These might have included "approaching him surreptitiously", or perhaps knocking on the door so he would present himself.
MORE COURT AND CRIME NEWS:
- Next fortnight to determine alleged murder accessory's plea
- Sex offender behind bars over 'evil' relationship with girl
- Drug trafficker pleads guilty after $20k train station bust
- 'Violent, corrupt and degrading': Rapist finally faces justice
- Man's theft of GPS-tracked pizza delivery car led to his downfall
ACT Deputy Director of Public Prosecutions Anthony Williamson urged the Court of Appeal to uphold Sidaros' convictions, describing them as sound.
He said the findings made by Justice Mossop in terms of the firearms evidence were appropriate, and that there was a "powerful" case against the 27-year-old even without that evidence.
Mr Williamson also rejected the suggestion the intruders had somehow acted defensively when they shot at Zdravkovic.
"Once gunfire is exchanged, they not only don't retreat immediately, they indeed advance at points in their enthusiasm to shoot," the prosecutor argued.
Justice John Burns, Justice Michael Elkaim and Associate Justice Verity McWilliam reserved their decision.
