The former soldier who murdered a notorious Perth bikie in a sniper-style attack at the Perth Motorplex has avoided a life jail term because he has promised to testify against the alleged mastermind of the killing.
Key points:
- The man, who can't be identified, admitted murdering Nick Martin
- Martin died in hospital after being shot once at Kwinana Motorplex
- The ex-soldier was paid $100 000 for the hit, the court was told
The 35-year-old man, who cannot be identified, admitted planning and carrying out the shooting in December last year in return for being paid $100,000.
The Supreme Court was told the man was also offered another $800,000 to kill another bikie who lived overseas, but he did not commit to carrying it out.
Today prosecutors accepted that the man's offer to help in the prosecution of the rival bikie who is alleged to have hired him meant he should receive a set sentence.
Justice Stephen Hall accepted that the man's cooperation was exceptional and sentenced him to 20 years behind bars.
Martin followed amid plan for murder
About 2,000 people were at the Motorplex when the shooting occurred, and Martin was watching the event with his wife, stepdaughter and her partner, who was injured when the bullet that killed Martin lodged in his arm.
The court was told the shooting happened after the man started communicating with senior member of the Comancheros gang David Pye in early 2020, who had previously been with Martin at the Rebels motorcycle gang.
At the time the man was working for a group called Shadows of Hope, which described itself as "the world's most fearless charity", and he also outlined to Mr Pye the skills he had gained in the army.
The court heard Mr Pye detailed his history of antagonism with Martin, who he claimed had taken out "a hit" on him before discussing ways he could be killed.
After being paid $10,000 in cash to plan the murder, the man set about researching Martin, including flying a drone over his house and following him, even going to the Motorplex less than a month before the shooting and standing within 10 metres of him.
The man then made the decision to go ahead with the killing, and the court heard he was promised $150,000 in return, with half to be paid upfront and the rest afterwards.
Despite that, he initially only received $40,000.
Shooting 'practice' before single kill shot
State prosecutor Justin Whalley SC said the man then attended the Motorplex again late one night when it was closed and removed an aluminum ramp, because it interfered with his line of sight.
He then went to an area of isolated bush and fired 200 rounds at a small target, in what Mr Whalley said was "practice" and to gather data.
On December 12 last year, in the hours before the shooting, the man returned to the venue and watched as Martin took his usual seat on the terrace.
The man then left to put on his camouflage gear before crawling through a hole in the fence he had cut in the days before and taking up his pre-planned position.
He looked through the scope of his high-powered rifle for about 10 to 15 minutes before firing a single shot.
The court was told the bullet hit Martin in the chest and he yelled out "I've been shot".
He died later in hospital.
Mr Whalley said days later the man went to collect the outstanding $100,000 of his payment, but received only $50,000, with Mr Pye telling him "it is what it is".
More than $300,000 paid for second killing
Mr Whalley heard Mr Pye and the man continued to communicate, and two months later they discussed killing another bikie who lived overseas after Mr Pye said "people were impressed" by Martin's murder.
He initially offered the man $800,000, but later said he could only pay $600,000 because of recent drug seizures by police.
The man did not commit to carrying out the crime but was paid an initial sum of $145,000 and later $200,000 in cash, some of which he buried in PVC piping in bushland in Warnbro.
The court heard when Mr Pye later asked for an update on the job, the man sent him a video that he said showed him rehearsing for the killing.
The man was arrested within weeks and charged with murdering Martin and injuring his stepdaughter's partner.
He was also charged with two counts of dealing in the proceeds of crime, to which he pleaded guilty earlier this year along with the murder charge.
Sniper now a target
The former soldier's barrister, Simon Freitag SC, submitted that his client's co-operation was of such a significant extent that he should not receive the life term that is usually imposed for murder.
Mr Freitag said the 35-year-old had "put a target on his back for the rest of his life" because those involved in his crime, Martin and Mr Pye, had significant criminal connections.
The court heard that as a result, the man was being held in protective custody at Casuarina maximum security prison.
Mr Freitag said client now regretted his actions, but when he was planning the shooting, the practice he undertook by firing 200 rounds at a small target had given him the confidence to carry out the murder.
Justice Stephen Hall noted that the man had now accepted full responsibility for his actions and said he had regretted them "ever since he pulled the trigger."
The man also said he had not needed the money and was now ashamed that he had been used as a tool for someone else to extract revenge.
An 'unlawful public execution'
Justice Hall said the aggravating features of the crime included that the man "meticulously" planned the shooting, including conducting reconnaissance on Martin.
He said there was no doubt it was "a contract killing" with no motive other to receive payment.
"A contract killing is in effect an unlawful public execution," Justice Hall told the man.
The court heard the shooting was witnessed by Martin's wife and step daughter and Justice Hall said their victim impact statements to the court spoke powerfully of the shock and grief they continue to suffer.
However, Justice Hall described the man's offer of cooperation as exceptional, saying he had already provided a lengthy witness statement and had agreed to testify against Mr Pye.
Justice Hall warned the man that if he did not follow through with his offer, the 20-year sentence he imposed today could be recalled, saying it was likely if that happened, the man would then face a life term with a minimum term of around 30 years.
The man was made eligible for parole meaning he will have to serve 18 years before he can be released.
Members of Martin's family were in court for the sentencing, including his daughter Tia who as she left court described her father as "a great Dad."
"He was taken by a bunch of cowards, that's all they are, cowards," she said.
Martin's father also said he would have liked the man to receive a longer sentence, saying his son's death had destroyed his family.
"We're all still grieving," he said.
The man's solicitor, David Manera, who spoke to his client after the sentencing, said he was disappointed and may consider lodging an appeal against the 20-year term.
https://news.google.com/__i/rss/rd/articles/CBMib2h0dHBzOi8vd3d3LmFiYy5uZXQuYXUvbmV3cy8yMDIxLTEyLTIwL3NuaXBlci13aG8tbXVyZGVyZWQtZXgtcmViZWxzLWJpa2llLWJvc3Mtbmljay1tYXJ0aW4tc2VudGVuY2VkLzEwMDcxMzM4MtIBAA?oc=5
2021-12-20 05:13:50Z
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