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Accused man tells court he was at a friend’s house on night of attempted murders

A man charged with two counts of attempted murder told Supreme Court he was at a friend’s house drinking and playing video games when the shooting took place.

Devon Hewey, 25, said that a bike and helmet found in the Botanical Gardens following the incident belonged to him, but that he had loaned both to a friend that evening.

Mr Hewey and Cervio Cox, 30, both deny charges of attempted murder Lavon Thomas and Darren Thompson during a Reid Street shooting on March 24 last year and using a firearm to commit the offence. A third man, Julian Washington, had also been charged with the offence, but was fully acquitted on Monday.

Neither of the men allegedly targeted were injured in the 3.30am shooting, which sparked a high-speed police chase.

Officers followed the motorcycle to the Botanical Gardens where they found a motorcycle with its engine and muffler still warm and the keys in the ignition.

Tests later identified two particles of gunshot residue (GSR) on the vehicle’s rear pillion grips, along with numerous component particles which could be produced by a firearm being discharged.

Taking the stand in his own defence yesterday, Mr Hewey identified the bike found in the Botanical Gardens as his, saying he bought the bike in January of 2012 after seeing it advertised on eMoo.

He told the court that he had spent some money repairing and customising the vehicle and had insured the vehicle. He said he hadn’t TCD passed it before March 23.

On that evening, he said he and three friends were hanging out when they decided to go out for a drink. Mr Hewey said while he had his own bike with him, he allowed one of his friends, Tyun Smith-Ming, to ride it while he rode his girlfriend’s bike. He also said he lent his helmet to Mr Smith-Ming.

Mr Hewey told the court the group rode to the Mid Atlantic Boat Club, but didn’t stay long.

“It was a ghost town, so guys were discouraged to go further,” Mr Hewey said. “Guys got one drink and decided to call it a night and part ways.”

As they were preparing to leave, he said Mr Smith-Ming asked if he could borrow the bike to visit a girl. Mr Hewey agreed, saying he would pick up the bike in the morning. He said they both left the club, travelling west down North Shore Road, but diverted in the area of The Glebe Road.

Mr Hewey said he then went to a friend’s home, where he stayed from around 1am to 4am playing FIFA, smoking and drinking. During this period he also said he had been contacting the mother of his child and another woman on his cell phone.

He also told the court that he had been in contact with Mr Cox, saying his co-defendant had called him about possibly buying cannabis.

He said he left his friend’s house at around 4am and went to a woman’s home in the Berkeley Hill area, where he spent the night. The following morning, he went to Mr Smith-Ming’s house to collect his bike.

“He just woke up. I said he needed to get up, get on his clothes because I wanted to drop off my girlfriend’s bike,” Mr Hewey said. “He said the bike was around the side of the house. I looked, but noticed that there wasn’t a bike there.

“I went back to his door and asked where my bike was. He came out and looked and said it must have got stolen.”

He told the jury he later asked about the bike’s key and was told that Mr Smith-Ming had left it in a “pocket” of the bike.

Mr Hewey said he spent the rest of the weekend with the mother of his child, but turned himself in to police on March 27 after his mother informed him that their home had been searched and that officers were looking for him.

He told the court that he was in no way associated with the shooting, and did not know either of the complainants, saying: “I’ve never even seen them. My first time seeing them was when they were in the [witness] box.”

The trial continues today.