Murder trial witness denies friend set-up
A key witness in the alleged murder of Albany man Mark Colbung has denied he "concocted evidence" to set up his friend for the crime.
Testifying in the Albany Supreme Court trial of Danny Jay Brooks, accused of the 2013 murder of Mr Colbung in Yakamia, witness Murray Tompkins rejected claims by defence lawyer Jonathan Davies that he felt guilty about setting up Mr Brooks and told two other men.
"I didn't say that as I'm not setting anyone (up) for murder … that's b******t," Mr Tompkins said.
Mr Tompkins did not tell police two days after the alleged murder that Mr Brooks was allegedly involved and admitted to the jury on Monday he was not truthful when originally interviewed by police out of fear for his own safety.
On day six of the 20-day trial, Mr Tompkins said he did not see Mr Colbung being shot or a weapon on September 13, 2013.
It is alleged Mr Brooks shot Mr Colbung twice with a modified nailgun that fired .22 calibre bullets at the end of Barnesby Drive after Mr Tompkins had driven the shooting victim to the location on orders from the accused.
"I did not see who shot Mark, that is the case," Mr Tompkins said.
"The gunshot pretty much happened straight away."
Mr Tompkins was shown the transcript from his police interview five days after the alleged murder, where he told police he received a phone call from Mr Brooks telling him to stay at the service station, but did not think anything "sinister" would happen.
Two days earlier, he told police that retribution was being sought over a stolen wallet owned by Mr Rogers.
Mr Tompkins told the court that Mr Brooks had admitted the murder to him.
"He told me how he shot Mark, indicating through the cheek or the side of the head, and then kicked him to the ground and finished him off," Mr Tompkins said.
The trial continues.
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