A Supreme Court jury has heard a man accused of fatally shooting his son-in-law in Raywood in 2014 had accused his wife of having affairs “all the time” during their marriage.
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Prosecutors allege Maxwell John Pain, 55, killed David Paris over the belief he was having an affair with Mr Pain's wife, Tracy Bush.
Rebecca just screamed to me, ‘Go inside, he's here’ and I said, ‘Who's here?’, she said, ‘Max is here’, so they made me get in the house real quick.
- Tracy Bush
Ms Bush told the court Mr Pain had threatened to “smash” her daughter Rebecca Lambert’s partner’s hands on June 6, four days prior to the shooting.
“Every time Dave and Rebecca come to the house or I seen them, I was having an affair,” she said.
“He said to me, ‘If I find out you and Dave are having an affair I'll smash his hands up’.”
Ms Bush described her relationship with Mr Pain as “great to start with”, but said it changed “a couple of months” after they were married, when the accusations of infidelity began.
“Not long after we were married the best man come for a visit and he told me I should go home with him because I'm sleeping with him. That come as a shock to me,” she said.
“Any guy that looked at me he just, yeah – ‘They were looking at you, oh you're having it off with that one’.”
Ms Bush said she and Mr Pain had separated “at least six times” during their marriage prior to June 2014.
“I went back to Max, I explained what had happened and he said ‘Everything's fine. We’ll work through it’,” she said.
But Ms Bush told the court she and Mr Pain “didn’t really speak” after the conversation on June 6, saying she viewed the marriage as “over” and went to stay with her daughter and son-in-law on the following Monday, June 9.
She said she was outside under the porch at her daughter’s house the next evening when Mr Pain arrived.
“Rebecca just screamed to me, ‘Go inside, he's here’ and I said, ‘Who's here?’, she said, ‘Max is here’, so they made me get in the house real quick,” she said.
Ms Bush said it was then, after wedging herself between the kitchen door and a bench, she heard “the car running and a big bang”.
“Rebecca screamed out to me, she says, ‘Dave's been shot’,” she said.
Mr Pain has pleaded not guilty to murder.