A farmer texted his son-in-law, writing "I'm on my way Davey boy," before fatally shooting him because he suspected he was having an affair with his wife, a trial has heard.
Maxwell John Pain had a rifle and a shotgun in his ute as he drove from his Neilborough farm, north of Bendigo, to the Raywood property owned by his daughter and her partner on the night of June 10, 2014, a Supreme Court jury has been told.
At 7.10pm Mr Pain sent David Paris the text message, and within minutes shot his son-in-law in the abdomen with the gun, the jury was told on Monday. Mr Paris died at the scene.
Prosecutors allege Mr Pain killed Mr Paris, 36, over the belief he was having an affair with Mr Pain's wife, Tracy Bush.
Mr Pain, 55, has pleaded not guilty to murder.
Outlining the Crown's case, prosecutor Lesley Taylor, QC, told the jury it was Mr Pain's intention to kill or seriously injure Mr Paris, and had told others of wanting to harm his son-in-law in the weeks before the shooting.
Ms Taylor said Mr Pain told Ms Bush he would "smash" Mr Paris' hands if he learned the pair were having an affair, and had also spoken with his mother, a neighbour and a supermarket attendant about inflicting harm on the younger man.
Mr Pain repeatedly accused Ms Bush of being unfaithful throughout their marriage, the prosecutor said, which led to the pair spending more and more time apart.
At the time of the shooting Ms Bush was staying with her daughter, Rebecca Lambert, Mr Paris and the couple's young son, the court heard.
On the morning of the shooting, Mr Pain and Ms Bush exchanged text messages in which he called her a "slut" and she wrote of wanting a divorce.
Mr Paris never the opened the text message Mr Pain sent him that night, Ms Taylor told the jury, as he was cooking a pasta dinner.
When Mr Pain arrived at the property, Mr Paris went outside and told him to "F--- off", the prosecutor said. Mr Pain then shot his son-in-law once and drove away, but stopped when he got to the gate.
It was at that point that Mr Paris' friend, Don Romey, who was over for dinner, told Mr Pain to leave. Mr Pain did so, then telephoned his mother and brother-in-law to admit shooting Mr Paris. He then went home, called triple zero and surrendered to police, the court heard.
Defence counsel John Desmond the jury would need to focus on whether Mr Pain intended to kill Mr Paris.
Mr Desmond questioned why Mr Pain had not been more explicit in his text message to Mr Paris if he intended to kill or seriously injure him, and asked whether the ute was stationary or moving when the shot was fired.
He said the prosecution's assertion that Mr Pain fired from about 2.5 metres would be challenged.
The trial continues before Justice Michael Croucher.
- The Age