An Underwood man on a home detention order was shot in the groin region when his friend accidentally discharged a firearm at his property, it was claimed in Launceston Magistrates Court yesterday.
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Police have been investigating the Sunday, January 8, shooting of Oliver William Clark, 36, since then but have been unable to locate the man alleged to have fired the shot.
Mr Clark, who was on crutches when he appeared in court, was in the Royal Hobart Hospital from January 8 to January 13.
Community Corrections Tasmania (CCT) applied to the court on Monday to cancel Clark's home detention order and asked that he be remanded in custody because he was no longer a suitable candidate for an order.
However, defence counsel Patrick O' Halloran asked that Clark's home detention address be varied to an address other than the Underwood address.
A department officer told magistrate Ken Stanton that Clark had told CCT that he and a friend had organised to shoot some targets with a firearm.
She said that the friend brought the firearm. As they were setting up targets the firearm discharged and ricocheted off a vehicle and struck Clark in the groin.
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She said it was not known whether the firearm was registered and whether the shooter was a licensed firearm owner.
After Mr Stanton sought more detail on the department's concerns, the officer said that Clark had not been forthcoming about who discharged the firearm.
Clark's partner was present at the Underwood address at the time of the shooting.
She said that Clark was potentially speaking with police over the next seven days.
Mr Stanton remarked that there was good reason to treat Clark's explanation with some scepticism because he had refused to identify the person involved.
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"When he says it is an accidental injury and then not identify who was involved it suggest the possibility of some illegality," he said.
"He is not obliged to say or do anything which may incriminate himself but if not the suspicion remains alive."
The Department officer said the spectre of firearms at an address created an unacceptable risk for department officers who may visit to do drug testing as part of the order. "It is entirely inappropriate for someone subject to a home detention order to have a firearm at the address and set up targets," she said.
She said that Clark had been fully compliant on the order for the last eight and a half months apart from a minor drug infringement.
Defence lawyer Mr O' Halloran said Clark was on strong painkilling medication which may affect his ability to give accurate information to police.
"It is a capacity issue not an attitudinal one," he said.
Mr Stanton ordered that Clark be allowed a new home detention order address.
He granted an application by Mr O' Halloran for a suppression order on publication of the new address.
Mr Stanton said it was in the interests of justice for Clark to be granted a short adjournment.
He said that Clark may not necessarily be in breach of the order if the explanation was innocent and involved no offending by Clark.
Mr Stanton adjourned the cancellation application until January 23 at 12 noon for hearing.
In 2021 Mr Clark was unable to be sentenced after he became stranded interstate because of COVID-19.
He was eventually sentenced on May 18 to a 12 month home detention order rather than serve time in jail.
Nick Clark
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
I am the Supreme and Magistrates Court reporter for the Examiner for the past 18 months. My journalism career has clicked over 30 years and encompasses four different spells at Tasmanian newspapers.
