Man shot in leg was carrying $30,000

A MAN accused of driving his mother’s car while his front seat passenger shot another man in the leg at point blank range will appeal a decision to deny him bail.

Jason Lister, 27, is accused of being involved in the shooting of Luke Tomlinson, 42, in Helensvale last Thursday.

Lister appeared in Southport Magistrates Court yesterday facing eight charges including acts intending to maim or disfigure, armed robbery, arson and possession of dangerous drugs.

The court heard it is alleged Lister was driving his mother’s car on Helensvale Rd about 2.30pm last Thursday when the passenger in the front seat turned and shot Mr Tomlinson, who was sitting in the back, in an attempt to steal $30,000 in cash from him.

The car was later found by police torched.

Tomlinson apparently only owed the men $400, and it is not clear what the debt was over.

Defence lawyer Michael Gatenby, of Gatenby Criminal Lawyers, told the court Lister was driving and was not a part of the shooting.

“My client is driving, the front passenger turns around and says ‘give me your money’, he then shoots the complainant at point blank range in the shin,” Mr Gatenby said.

“My client is driving, he does not pull the trigger.”

The court heard Lister and two others drove Mr Tomlinson to the Heritage Bank about 1.15pm so he could withdraw $400 to repay a debt.

He instead withdrew $30,000, secreting $15,000 on his body and putting the remainder in a bag.

Mr Gatenby said about an hour later, the front seat passenger in the car turned and demanded the money from Mr Tomlinson.

He said Lister was not aware of anything to do with the $30,000 and only knew about the $400.

“There is not even a nexus that this man in the dock knew that (the complainant) was going to withdraw $15,000,” Mr Gatenby said.

It is alleged the back seat passenger then demanded Lister stop and pushed Mr Tomlinson from the car.

Mr Gatenby said Lister was merely driving.

“There is a strong case that this man was in the car, but there is not a strong case that this man has done anything,” he said.

Mr Gatenby said Lister handed himself in to police yesterday afternoon. “Had he not wanted to resolve these matters he would not be here today,” he said.

Mr Gatenby said the car belonged to Lister’s mother, who did not wish to press charges for arson on the car.

Outside court Mr Gatenby said Lister would be appealing the bail decision and applying to the Supreme Court to be released.

Police prosecutor Aylish Robertson opposed bail as Lister was already on bail for another offence.

She said there were numerous witnesses to the shooting.

Magistrate Kerrie O’Callaghan denied Lister bail, saying there was an unacceptable risk he would commit further offences as he was on bail at the time of the incident.

Lister is scheduled to next appear in court on August 7.