2 days ago
Defence casts doubt over key witness, CCTV evidence in Adelaide murder trial
A man accused of the shooting murder of his tenant in Adelaide's north should be found not guilty because the evidence of a key witness and crucial CCTV of the incident are unreliable, his defence barrister says.
Matthew Charles Draganoff, 48, is standing trial in South Australia's Supreme Court after pleading not guilty to the murder of Simon Middleton, 49, at Viriginia, on the northern outskirts of Adelaide, in March 2021.
Defence barrister Michelle Barnes, for Mr Draganoff, told the jury CCTV footage of the shooting was of "quite poor quality" and could not clearly identify an offender because it was "too far away, too dark and too grainy".
She said it was difficult to see key detail such as clothing and "not good enough" to identify the shooter or draw any inferences about the physical appearance of the shooter.
"You should be careful not to jump to conclusions or to assume what the footage shows," she said.
She said it was not enough to think that Mr Draganoff "maybe", "possibly" or "probably" shot Mr Middleton, because in those scenarios, "you could still have a doubt".
"Mr Draganoff is charged with an extremely serious offence, he must not be convicted on evidence that is weak, questionable or has gaps."
Ms Barnes also told the jury one of the prosecution's key witnesses was "simply not a truthful witness" and his account of what happened contained "too many inconsistencies".
"There were that many inconsistencies, different versions and lies in the accounts he gave at different times that you just cannot accept that he is a truthful witness," she said.
"They add up to a picture of a witness who is simply not telling you the truth and whose evidence you cannot accept."
Ms Barnes told the jury a second key witness, however, gave evidence without inconsistencies which she said was "consistent with Mr Draganoff's innocence".
She said despite that witness spending time with Mr Draganoff in the days prior to the alleged murder "he knew nothing about any plan held by Matthew Draganoff to shoot Mr Middleton".
Previously, the court heard Mr Draganoff was accused of shooting Mr Middleton three times — in the head, chest and buttocks — with a high-powered Marlin 30-30 rifle at a property on Brady Street on March 8, 2021.
Opening the trial in April, prosecutor Lucy Boord SC told the jury it was alleged there had been "growing animosity" between the pair over a "range of issues" prior to the shooting, including a dispute over the sale of a stolen caravan and Mr Middleton living rent-free at one of Mr Draganoff's properties.
"In the lead up to the murder, there'd been an accumulation of grievances held by the accused towards the deceased," Ms Boord had told the jury.
She had told the jury the alleged final "catalyst" for the crime came after a "home invasion" that was reported to police on March 6, and that Mr Draganoff had believed Mr Middleton and his friends had been stealing from him.
Ms Boord had also told the jury Mr Middleton had been on the phone just prior to being shot, and a witness had reported hearing him say "oh no, don't shoot" before screaming and then three shots.
Ms Barnes will continue the defence closing address on Wednesday.
