By Casey Neill
MONTROSE man Tim Fleming’s death was “more like an execution” than a scare tactic gone wrong, a witness told the Supreme Court last week as Mount Evelyn man Marc Hamilton’s murder trial continued.
Mr Hamilton pleaded not guilty to murder but guilty to manslaughter when the case began on 1 October.
His defence team argued he accidentally shot Mr Fleming in Mount Evelyn on 26 July last year when his friend confronted him about the quality of amphetamines he had supplied.
But a witness last week gave evidence that Mr Hamilton deliberately killed Mr Fleming.
The court also heard evidence from two other witnesses, and ballistics, forensics and toxicology experts.
The witness, who is in custody facing unrelated charges, said “Marc got angry” when Mr Fleming threw a bag of amphetamines at him and told him he would “be embarrassed to sell that stuff”.
Mr Hamilton punched Mr Fleming in the face.
“I heard the impact of the blow. Oh, it was very loud,” the witness said.
He said Mr Fleming was not retaliating and looked concussed.
Mr Hamilton threatened Mr Fleming with a samurai sword and cut his back across his left shoulder.
“Marc then said, ‘Don’t let him out the door. I’m going to get my gun’.”
The witness told Mr Fleming to leave but he did not respond. The accused returned with a 12-gauge shotgun.
“Marc re-cocked the bolt, told Mr Fleming the next one’s his and put it to his neck and pulled the trigger,” he said.
The witness said he did not think Mr Hamilton looked like he was trying to scare Mr Fleming out of his home.
“I’d say it looked more like an execution,” he said.
“Marc then turned around and threw the gun at me and told me to get the f… out of there. I took off out the front door.”
On 3 August, the witness made a police statement to avoid being charged as an accessory to the killing, but on 8 September this year he gave police a revised account.
Defence barrister Campbell Thomson argued he had made up the new story to secure indemnity.
But the witness said he did not tell the whole truth in his initial account because “I feared for my family and my safety”.
Mr Hamilton’s former girlfriend Alicia Wilson said she did not see the witness make any contact with Mr Fleming, as he testified, and did not hear Mr Hamilton say anything before firing the shot.
Mr Hamilton’s friend Ray Ablett was also present during the shooting.
When Mr Hamilton left the room to get his gun he told Mr Fleming to “stay on the f…ing floor”, Mr Ablett told the court. Mr Fleming did not reply.
“He just sat there sort of in shock I suppose,” he said.
Mr Ablett left the room as Mr Hamilton returned, and heard him say “this one’s for you”.
He came back to the lounge seconds after the shot.
“Ah I seen Marc freaking out a little bit,” he said.
Ballistics expert Sergeant Mark Chandler tested the 12-gauge bolt action repeater used in the shooting and found it was unsafe.
It discharged when he applied force to the top of the weapon with a testing mallet. However, it did not discharge when he applied identical force from beneath.
The trial was to continue before Justice Elizabeth Curtain yesterday (Monday). See next week’s Mail for more coverage.
Correction
The Mail reported last week that Tim Fleming was killed on 27 July 2009, but the Supreme Court has since amended Marc Hamilton’s indictment to read that the offence occurred shortly before midnight on 26 July 2009.
