Get all your news in one place.
100’s of premium titles.
One app.
Start reading
The Canberra Times
The Canberra Times
National
Cassandra Morgan

Mistrial in Theodore shooting attack case

Benjamin James Moarefi (left) outside the ACT courts with his wife, Anna Roufogalis. Picture: Cassandra Morgan

A judge has discharged the jury in a trial over a Theodore shooting attack, which police say left a man hospitalised with a hole in his leg.

The ACT Supreme Court trial of 33-year-old Christopher Cunningham and his alleged co-offender, 28-year-old Benjamin James Moarefi, started on Tuesday last week.

Prosecutors alleged Mr Cunningham shot Graham O'Neil in the thigh outside a house in Freda Gibson Circuit on March 2 last year. They said Mr Moarefi gave him a rifle shortly beforehand, and the shots were fired after Mr O'Neil came to the house and asked to speak with resident Alex Dimitrov about a debt.

The scene of the alleged March 2, 2019 shooting in Freda Gibson Circuit at Theodore. Picture: Supplied

Mr Cunningham has pleaded not guilty to intentionally inflicting grievous bodily harm, committing an act endangering life, and possessing a prohibited firearm.

Mr Moarefi has denied aiding and abetting the alleged gunman.

The Canberra Times reported on the trial as recently as Friday, after several witnesses took to the stand on Thursday and gave evidence in the case.

One witness to the alleged shooting, Sarah Avison, said she didn't even realise anyone had been hurt in the incident until police told her as much.

Christopher Cunningham outside the ACT courts. Picture: Blake Foden

She said she didn't know who her then-partner Mr Dimitrov was with at the time, but prosecutor Marcus Dyason said she told police one of Mr Dimitrov's friends was of "average build", while the other was "dark", of a "really big build", and "scary-looking".

Defence barristers tried to suggest neither the woman nor Mr Dimitrov could accurately identify Mr Cunningham as the shooter given Ms Avison was an avid ice user and Mr Dimitrov was mostly blind.

But on Friday afternoon, Justice John Burns declared a mistrial and the jury was discharged.

A new trial will likely be listed for Mr Cunningham and Mr Moarefi early next year.

The reason the jury was discharged cannot be published for legal reasons.

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.