A burglar who was shot during a stand-off with a police officer has told a District Court jury he was attempting to put down his replica gun when the “trigger happy copper” fired three shots at him.
Cameron Francis Kelly, who has pleaded not guilty to a charge of aggravated serious assault against a public officer, is alleged to have pointed a replica gun at Det-Sgt Manus Walsh after he was confronted in the backyard of a Canningvale home.
The court heard this week police were called to the house after a family member arrived home to find a rear glass door smashed open and a man standing in the house with what she believed was a gun.
Mr Kelly today testified he was still holding the replica gun when he exited the house through the broken door and heard someone shout “police, put the gun down”.
Mr Kelly denied pointing the gun at the officer and said he was crouching down slowly to place it on the ground, when the officer fired three shots, two of which hit him.“I could tell this copper was a trigger-happy copper and he wanted to shoot somebody,” he told the jury.
Footage of the shooting, filmed by a crew from Channel 7 program The Force, was again played to the court yesterday, with Mr Kelly shouting: “look how aggressive he is. Relax mate”.
Mr Kelly showed the jury scars where the bullet entered his abdomen and left forearm, which was tattooed with an image of a handgun and told them he had been unlawfully shot by the officer.
He admitted he had gone to the wrong house and said he had taken the replica gun with him in the event he was confronted by someone.
Under cross examination by prosecutor Carmel Barbargallo, Mr Kelly agreed Det-Sgt Walsh asked him several times to put down the replica gun and said he did not drop it because he was not asked to.
He said he made slow movements because he “could see he (the officer) was looking for a reason to shoot someone”.
“In my mind I was frantic because I had a gun pointed at me,” he said.
“I’m saying ‘relax mate’… he just shot me without reason.”
Det-Sgt Walsh testified on Tuesday that he believed the replica firearm was real, Mr Kelly had pointed it directly at him and he thought he was going to shoot him.
“I challenged him 10 times (to put the gun down) because I didn’t want to shoot him. I didn’t think I had a choice when he moved,” he said.The trial is expected to finish today.
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