A man was allegedly shot in the leg while trying to take back a luxury car that had been stolen from him just days before the violent confrontation, a court has been told.
But during a bail application for one of the men charged over the incident the court was told the victim wanted “no part” in the proceedings, despite it occurring more than five months ago.
Leum Kostopolous is one of the men charged over the confrontation on the Gold Coast last year, which left the victim hospitalised after he was allegedly ordered to hand over cash to get the 2020 black Mercedes S450L concept car back from the group.
Mr Kostopolous is facing a raft of charges, including armed robbery using personal violence and entering a dwelling with intent while in company.
He is not alleged to have shot the man.
He applied for bail at Brisbane Supreme Court on Thursday.
Mr Kostopolous is alleged to have been part of a group that confronted the victim, Theo Penemenos, in Southport on November 12, 2021.
The court was told a luxury car had been stolen from Mr Penemenos days before and he was ordered to give them money for its return.
Justice David Jackson said Mr Penemenos attended Mr Kostopolous’ apartment in Surfers Paradise to get the car back and while there suffered a gunshot wound to his leg.
Months before the alleged incident, Mr Kostopolous was alleged to have taken part in a robbery where he allegedly struck the complainant in the head and threatened him with a gun.
He is also charged with breaching bail in October 2021 after allegedly failing to charge his ankle monitoring device.
Mr Kostopolous’ defence barrister, Martin Longhurst, said his client was not alleged to have shot Mr Penemenos during the November incident.
Mr Longhurst said the case against his client was weak as Mr Penemenos had refused to sign his police statement.
“It falls into that category where it is obviously a weak crown case,” he said.
“There is no complainant statement before the court … (Mr Penemenos) said things to police, they typed that out.
“He indicated to police he wants no part in the proceedings.”
Mr Longhurst said his client had proposed to reside in a residential rehab facility in NSW for 6 to 12 months while on bail, removing him from the Gold Coast.
But Justice Jackson said the alleged involvement in the July robbery raised concerns about him being an unacceptable risk if granted bail.
“The bail conditions have regard to rehabilitation in NSW and depend effectively on management by his (Mr Kostopolous’) parents,” Justice Jackson said.
“While on bail there’s another episode where he’s got some connection on the face of it and a man’s shot.
“How could he be any more aware of circumstances where he shouldn’t offend, and yet he did?”
Justice Jackson ultimately refused bail, saying Mr Kostopolous had not shown cause why his detention in custody was not justified.
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