Jury must make call on intent
THE jury is expected to start considering today whether the man who shot a former reality TV contestant in a Merrimac restaurant car park did so with the intent to kill him.
For the past three days the seven women and five men have listened to evidence from 19 witnesses about what happened outside Mike’s Kitchen on December 6, 2015.
Anthony Yoon Sun Soong, 25, is accused of shooting former Big Brother contestant Sam Wallace in the thigh.
The court has heard Mr Wallace was in the car with his best friend Josh Milani, who days earlier spent the night with Soong’s former girlfriend, Jhai Saric.
Soong has pleaded not guilty to attempted murder or in the alternative committing a malicious act with intent to cause grievous bodily harm.
The jury will be asked by the prosecution to find Soong guilty of one of the charges.
Crown prosecutor Phil McCarthy, in his closing address, said a Facebook message Soong sent to Mr Milani a little over an hour before the shooting showed Soong meant his threats.
“You are a weak dog, I’m going to kill you (expletive),” the message read.
The court has heard Mr Wallace was driving and Mr Milani was in the passenger seat when Soong let off four shots into the driver’s side of the car.
Mr Wallace told the court this week the bullet went through his right thigh, lodging in his left leg.
The wound damaged the nerve, leaving him with problems raising his right foot, he claimed.
“Clearly he has mistaken Samuel Wallace for Joshua Milani when he attacked the driver of that vehicle,” Mr McCarthy said.
“At no stage did he attack the passenger … indeed his final words were directed towards the driver warning him not to go to the cops.”
Soong has admitted to shooting Mr Wallace in the leg but it is alleged it was Soong’s intent to kill him.
Defence barrister Anthony Kimmins, instructed by Gatenby Lawyers, said Soong admitted to pistol whipping Mr Wallace in the head three times.
“If he was so intent on murdering this man, or injuring him … why didn’t he continue with the murderous intent which he would be able to achieve with the use of a pistol,” Mr Kimmins said.
Mr Kimmins gave various scenarios to the jury showing that it was not Soong’s intent to kill Mr Wallace or Mr Milani.
Judge David Boddice is expected to sum up the evidence today before sending the jury out for deliberations.