Shooting co-accused cleared - The Canberra Times

One man has been cleared over conspiring to shoot the foot of a man who was later murdered.

Cameron Ashcroft, 23, and Todd Elphick, 26, were accused of agreeing to help seriously harm, but not murder, Brendan Scott Welsh, 28, between April and May 2010.

Mr Welsh was ambushed and shot dead as he sat in his car behind the Hughes shops by Kai Yuen. It was the culmination in a tit-for-tat dispute between Mr Welsh and Yuen, 28, that included damage to Yuen's work van.

Mr Ashcroft and Elphick were not charged with conspiring to kill Mr Welsh, but were accused of agreeing with either each other, or with Yuen, to help shoot him in the foot.

A jury has deliberated on the allegations since Wednesday last week, and returned its verdict on Monday afternoon.

Jury members cleared Mr Ashcroft of the crime, but said they were unable to reach a verdict for Elphick.

Mr Ashcroft looked visibly relieved as the verdict was delivered, looking back to his family sitting in the court, and later shaking hands with Elphick.

The Crown had led a circumstantial case against each of the men, arguing their actions on the night showed they had formed an agreement to inflict grievous bodily harm on Mr Welsh.

Witnesses told the court they heard had discussions about shooting Mr Welsh in the foot before the night in question, and in one version Mr Ashcroft was heard to respond "that's a little bit harsh".

Elphick drove Yuen around the city for hours in an effort to confront Mr Welsh, and was alleged to have known he had a shotgun and was wearing a disguise.

Elphick then called Mr Ashcroft to enlist him to help lure Mr Welsh to Hughes on the pretence of buying drugs, and was given $450 to help facilitate the buying of drugs.

The Crown alleged that Mr Ashcroft knew Yuen had a shotgun and was wearing a disguise when he helped move the meeting place from Hughes ovals to Hughes shops.

But Mr Ashcroft's barrister, John Harris, SC, said there was no evidence he was ever party to any conspiracy.

Elphick's barrister, John Purnell, SC, argued that even if there had been an agreement, his client had withdrawn from it on the night, telling Yuen to call off his pursuit of Mr Welsh, and warning him not to do anything stupid.

Elphick is expected to be back before the ACT Supreme Court again next month.