A man accused of leaving a gang member a quadriplegic in a targeted shooting could also get revenge after a criminal colleague was gunned down in Sydney last month, a court has heard.
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Luke John Sparos, allegedly shot Samer Marcus, who was associated with Assyrian street gang DLASTHR or "The Last Hour", in the face and back on the night of November 6, 2020.
The Crown argues the shooting was a revenge attack after Marcus allegedly assaulted Sparos with a makeshift weapon while the pair were in jail.
On Tuesday, the 42-year-old applied to vary his bail conditions after being allowed to walk free from prison in September last year ahead of his trial.
Currently residing at a waterfront home in Yowie Bay with businessman Leo Leuwin, Sparos is under a curfew and electronic monitoring by police and is required to inform officers of his movements 24 hours in advance.
He has applied to vary his residence to a $2600 per week rental unit in Haymarket after being offered a $95,000 job with Unique Wedding Cars.
His barrister David Edwardson KC told the NSW Supreme Court that as well as a change in address, his client needed the reporting condition to be relaxed so he could transport vehicles around Sydney for his job.
Mr Edwardson rejected suggestions by crown prosecutors that Sparos could get revenge after his acquaintance Alen Moradian was executed in a Bondi Junction car park on June 27.
Sparos and Moradian were convicted of importing a commercial quantity of a border controlled drug in 2011, with Sparos being released on parole on June 10, 2020.
Mr Edwardson told Justice Nicholas Chen that there was no evidence the pair had been working "hand in glove" in any criminal activity prior to Moradian's death.
"There is no actual intelligence or basis to think that there is any likelihood of a retribution attack," he told the court.
Prosecutor Emma Blizard argued the risk of retribution was real given the Yowie Bay man had been charged with the revenge shooting of Marcus.
Justice Nicholas Chen was also told about issues which weakened the crown's case against Sparos, with Mr Edwardson saying the identity of another potential shooter had emerged.
Sparos, who is accused of either shooting Marcus or being present at the time, has denied any involvement with the incident.
With his trial date recently vacated and a new trial not due to be set until the last half of 2024, Sparos had to be allowed to work, Mr Edwardson said.
A readiness hearing has been scheduled at Downing Centre District Court on August 31 when Sparos faces one charge of shooting with intent to murder.
He is also facing a separate charge of perverting the course of justice after allegedly smashing his phone at Surry Hills police station after his arrest.
The 42-year-old is trying to remove the electronic monitoring condition, saying this cost him $600 a week, but acknowledged that this requirement could remain in place if necessary.
He is also seeking to change his restrictions on who he can leave home with, extending this from Mr Leuwin to his father and partner as well.
Ms Blizard argued any relaxation in the bail conditions would pose an increased risk.
"The only way to manage the risk that Mr Sparos poses moving forward to the community, to witnesses and the risk of reoffending, is for the authorities to have the ability to monitor his movements and that is allowed for by the existing bail conditions," she said.
Justice Chen reserved his decision.
Australian Associated Press
