A man accused of murdering his friend in Unanderra three years ago has told the Supreme Court he only wanted to damage the victim's car when he fired a shotgun into it, and had no intention of hurting anyone.
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Matthew Henry Spinks, 35, was called to give evidence on Thursday during his trial for the shooting death of Nathan Costello in the early hours of February 14, 2018.
He has pleaded not guilty to murder.
Read more:
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He also recounted an incident that occurred on February 5 that year, when Mr Costello - who was experiencing paranoia due to schizophrenia and believed his partner and Spinks were having a sexual relationship - confronted him at his home, while armed with a knife.
Spinks gave evidence that on the night of February 13, 2018, he and a friend went to the Carr Parade home of another associate, Daniel Blow, in a stolen Commodore in his possession.
Spinks said he saw a car he did not recognise in the drive way, but when his friend returned and told him Mr Costello was also at the address, he realised the car belonged to him.
His first thought was that Mr Costello had received insurance money from the car crash, he said, and he got "a bit angry" because he had helped him.
He said he considered ramming the vehicle with the Commodore, but then thought it would be better to do that with a stolen SUV he had bought with methamphetamine.
The jury heard Spinks dropped his friend home, then left the Commodore nearby in Cordeaux Heights and caught a taxi home.
He said that if he damaged the SUV in the ramming, he was going to need another car.
The court heard Spinks arrived home at 11.19pm.
He said he smoked some ice and considered what he would do, and thought that if he rammed the car he might have to leave on foot, but he did not want Mr Costello to see him.
"I thought, probably safer, because I wouldn't be immobilised, if I got close and shot the car," Spinks told the court.
After driving back to Unanderra in the Mercedes SUV, Spinks said he drove around a few times, mainly because he was waiting for Mr Costello and Mr Blow - who were outside with the car - to go inside.
He told the court he stopped on nearby Albert Street for about 20 minutes and smoked more ice, and then planned to walk to Carr Parade and shoot the car.
Spinks said he walked into Carr Parade but noticed Mr Costello standing on the verge beside the road, Mr Blow at the front of the car, and saw Mr Costello speaking to someone, who he assumed was his partner Melanie Hazell, in the passenger seat.
He told the court he would have had to get way too close to the car to shoot it and he did not want to shoot from a distance because the shotgun pellets could have hit someone and that "wasn't [his] plan".
Spinks said he walked back to the SUV and decided to pull up next to the car and shoot it.
As he was getting back into the SUV, he said, the shotgun accidentally went off.
Spinks told the court he then drove to Carr Parade and turned the headlights off before he turned into Richards Street, where Mr Costello's car was parked.
He said he had a clear view of Mr Costello standing on the other side of the car, towards the front.
Spinks said he shot towards the car's back window, saw Mr Costello duck, then fired again.
He told the court he aimed both shots downwards, through the back window into the vehicle's back seat.
The jury heard he he left the scene and parked the SUV in a reserve at Cordeaux Heights, where he burnt it using a lighter and papers in the vehicle, before driving home in the Commodore.
The court heard that he then received a text message from a friend telling him to stay away from Unanderra because a man had been shot dead and police were everywhere.
Spinks replied and asked who.
"At that point, it didn't seem real, it didn't really register in my head," he said.
The court heard his friend also sent a text message that read: "Remember that house I told you your mate went to".
Spinks said it was only the next morning, when he saw the shooting on the morning news, that he realised what had happened, and he vomited.
When asked by his defence lawyer, Janet Manuell, why he did not call police and explain what had happened, he said he was scared by the use of the word 'murder' in the news.
He also said he lied to police about being in Unanderra on the night of the shooting because they also termed it murder.
During cross-examination by Crown prosecutor David Scully, Spinks confirmed he could have gone to Mr Costello's or Ms Hazell's home at any time to damage the car, and could have caused extensive damage by keying it.
He also said that he was angry after the February 5 incident, but that anger dissipated and did not motivate the shooting.
Spinks said he was angry about Mr Costello's new car, even though Mr Costello had told him about claiming insurance and he expected he would use the money to purchase another vehicle.
He told the court he was not concerned Mr Costello would realise he was the shooter, nor that it might make him even more paranoid and volatile.
Spinks disagreed with Mr Scully's suggestion that Mr Costello was towards the back of the car when he fired the shots, and denied deliberately shooting him dead.
He also denied that anybody else was in the SUV with him at the time of the shooting.
The trial continues.
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Natalie Croxon
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
Reporter at the Illawarra Mercury, mostly covering social affairs. Previously of the Bendigo Advertiser, Northern Daily Leader and Quirindi Advocate. Our Watch award winner.
