By EMMA SUN
A SASSAFRAS man who was almost shot in the head with a rifle described how he felt something pass inches from his neck, as his father-in-law faced an attempted murder charge last week.
John “Jack” Russell, 72, was also charged with reckless conduct endangering life during his committal hearing at the Melbourne Magistrates Court last Tuesday.
Russell has been behind bars since the incident, and may apply for bail at the next hearing.
The prosecution’s first witness, Russell’s daughter Dianne Bottrell, broke down in tears and applied to not give evidence before the court.
“(The case) is too much – it’s tearing the family apart,” she said.
She said she was concerned for the welfare of her children with the case still going, adding she didn’t directly witness anything at 5am on Friday 21 October last year, the morning of the incident, as she was in bed sleeping.
Magistrate Luisa Bazzani excused Ms Bottrell after prosecutor Kieran Gilligan withdrew her statement.
The court then heard from key witness and Russell’s son-in-law John Bottrell.
Mr Bottrell told the court of a mutual dislike between himself and Russell, which sometimes resulted in verbal encounters.
He said he allowed Russell to stay in his house on Colehurst Avenue for as long as he owned the property because he “felt sorry for him”.
But Mr Bottrell claimed that after he discovered Russell stealing tools and other things from him on several occasions, he wanted Russell off his property.
Russell obtained an intervention order and a subsequent restraining order against Mr Bottrell, and also took him to VCAT after he was issued with a notice to vacate the property.
As a result of the intervention order, Mr Bottrell was forbidden from entering Russell’s room.
Mr Bottrell said about 5am on the morning of the incident he went out to speak with a man who was on his property to pick up a skip and had parked incorrectly.
“He drove up the wrong spot and I went crook at him,” he said.
“Jack came from the back of the house, shone his torch and walked away.”
After returning inside the house through the back door and entering the hallway, Mr Bottrell claimed he was confronted by Russell wielding a rifle, shouting “get out of my room” numerous times.
“I went to get past (the gun), it followed me, I jumped back and it went off – I felt the hot air past my neck,” he said.
“He tried to shoot me and he missed.”
Sergeant John Saddington from Belgrave Police Station told the court that police conducted a search of the property and were not able to locate a longarm.
Police also searched for a shell casing, which they also were unable to find.
Mr Bottrell said he had enjoyed the time without Russell, who has now been in custody for about eight months.
“The time without him has been beautiful, you’ve got no idea the peace and quiet and tranquillity,” he said.
“I want him away from my house, and my wife, children and me.”
Magistrate Bazzani adjourned the case pending testimony from a ballistics expert.
The case will be heard again at the Magistrates Court on Friday 13 July.