Height of killer queried in Darko Janceski trial

Murder victim Darko Janceski.
Murder victim Darko Janceski.

Slobodan Janceski wrestled violently with his son's killer in the moments after the shooting outside his Berkeley home.

But in Kiama Local Court on Wednesday it all came down to a few centimetres.

Matthew Paul Wiggins is accused of riding a motorbike to the Janceskis' Gannet Avenue home in April, 2012, and shooting Darko Janceski three times while he was standing in the front yard.

Mr Janceski's father Slobodan raced to the front of the house and became embroiled in a violent struggle with the shooter before the man fled.

In Kiama Local Court on Wednesday, Wiggins' lawyer Avni Djemal made a special application to hear evidence at committal from a number of witnesses, including Mr Janceski.

He told the court Mr Janceski had given police inconsistent accounts of his attacker's height, each time describing him as taller than his client.

"The height of my client is 173cm, what's been observed is that the man he tried to punch is 185cm," he said.

Mr Djemal said in a case where DNA from multiple people had been found on items at the scene and where a number of people had a motive, the information at hand needed to be clear.

Crown prosecutor Jennifer Price said Mr Janceski's accounts were not unreasonable given the frenzied circumstances.

"It's circumstances where he was crashing, wrestling people, getting hit in the head, it's not a case where there would be accuracy to the centimetre," she said.

"The cross examination of the crown's case is not whether this person was 173cm versus 175cm, it will be where DNA was found on items, in combination with a person's skill in fighting ... speed in fighting, etc."

After considering the defence application, magistrate Mark Richardson said he was not satisfied the defence had demonstrated special reasons why Mr Janceski should give evidence.

Wiggins is facing charges of murder and grievous bodily harm with intent. The matter will be back before Kiama Local Court on December 17.