Murder link denied

Tim Edmunds, ALBANY ADVERTISERAlbany Advertiser

An Albany drug dealer who was owed more than $100,000 by people in the local drug trade has denied he wanted his friend Mark Colbung dead for stealing his wallet in the days leading up to the moment he was gunned down in Yakamia almost two years ago.

Rhys Rogers, a key prosecution witness in the murder trial of Danny Jay Brooks, who is accused of shooting Mr Colbung twice in the head with a modified nail gun in September 2013, refuted claims in Albany Supreme Court he had his own "axe to grind" with the murder victim.

In a lengthy cross examination spanning more than three hours on Tuesday and continuing yesterday, Mr Rogers said he was a heavy user of methamphetamine and was "high" on the Friday Mr Colbung was shot twice and left for dead on a bush track.

He admitted he was angry in the days leading up to Friday but denied threatening Mr Colbung with text messages and phone calls after "concluding" he had stolen his wallet containing valuable family photos and between $400 and $1000 in drug debts.

In court on Tuesday, Mr Rogers denied he told police when questioned 13 days later that he had told people he wanted Mr Colbung dead for stealing his wallet until Mr Davies showed him a transcript of the police interview.

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"I was honest in that interview. I did tell people I wanted him dead for stealing my wallet … words are a lot different to shooting someone," he said.

"I was angry, he had never stolen anything off me before ever."

Defence lawyer Jonathan Davies told the court in his opening address on Monday that Mr Colbung was actively wanted by a number of men in the drug trade leading up to his death and he had been stealing and "ripping off" others to feed his drug addiction.

Mr Rogers said he believed Mr Colbung took his wallet when he gave him a lift to a home in Lockyer earlier in the week but denied sending him threatening text and voice messages suggesting repercussions because of his links with the Rock Machine Outlaw Motorcycle Gang.

He said their relationship was "good" but stemmed around buying and using drugs, and they had known each other since they were 13 years old.

"You've got to watch Mark as he always had a knife. He can be volatile … you've got to watch how you talk to him," Mr Rogers said.

"He could be hard to handle sometimes. I would never fight Mark, it's a battle you can't win."

But Mr Davies told the court Mr Rogers had used violence to recoup debts in the past, which included travelling to Geraldton to enforce a $50,000 drug debt, which Mr Rogers did not deny.

Mr Rogers said Mr Colbung's cousin Aaron Eades and another man, Ben McGuffie, were also looking for Mr Colbung on the night he was killed.

Prosecutor David Jubb told the jury in his opening address on Monday murder witness Murray Tompkins drove Mr Colbung on orders from Mr Brooks to bush at the end of Barnesby Drive in Yakamia, and was followed by Mr Brooks and Mr Rogers in a white utility after the four men had met at a nearby service station at 11.20pm.

Mr Colbung "became agitated" and pulled the handbrake of the car, and ran to the passenger side of the utility when Mr Brooks shot him in the cheek, the prosecution allege.

Mr Brooks then got out of the car, kicked Mr Colbung in the back and pressed the tool behind his left ear and fired again.

The trial continues.

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