Drugs murder trial

By Tania Martin
A MOUNT Evelyn man has been ordered to stand trial for murder following a shooting last July.
Mark Hamilton, 28, of Elizabeth Street, last Tuesday (2 February) pleaded not guilty to murdering Montrose man Tim Fleming, 33, before Magistrate Suzanne Cameron.
The Melbourne Magistrates’ Court heard Mr Fleming had gone to Hamilton’s Mount Evelyn home to discuss concerns over a ‘bad batch of speed’ (amphetamines) the day he was killed.
A scuffle broke out after the victim threw the bag of drugs at the defendant and told him he should be ‘embarrassed’ by the quality.
Magistrate Cameron heard the scuffle escalated and led to the front door of the house where Hamilton pulled out a samurai sword and threatened to slit Fleming’s throat and cut off his legs.
A witness told the court Hamilton then left the room to get his shotgun, returning moments later and shot the victim.
Magistrate Cameron was told Mr Fleming was known as a small time drug dealer.
Sen Det Turner said on the first inspection of Mr Fleming’s home – a caravan in Montrose – she didn’t see any evidence of a clandestine amphetamines laboratory.
“It was 9pm at night and pitch dark. We didn’t locate anything at the time,” she said.
But days later, Mr Fleming’s parents called police after discovering bottles of liquid in the caravan when they were clearing it out.
“They didn’t know what it was and called us in case it was dangerous. We then called in the drug squad,” Sen Det Turner said.
She said they uncovered a number of chemicals and glassware that were consistent with the set up of a clandestine drug laboratory.
Forensic pathologist Doctor Matthew Lynch performed the autopsy on Mr Fleming.
He said a body temperate was not taken to identify the possible time of death. “By the time I was able to examine the body a temperate would not have been useful,” he said.
Dr Lynch said the police estimated time of death appeared to be consistent with what he saw.
He told the court there were two wounds on Mr Fleming’s neck.
Dr Lynch said a shot appeared to have entered on the left side of the neck and exited on the right.
Dr Lynch said Mr Fleming also had a scrape and bruising above his left eye which could have resulted from his fractured skull.
He said the fractured skull could have been caused by the gunshot wound.
Dr Lynch said Mr Fleming also had a wound near his shoulder which could have been caused by coming into contact with a sharp object.
Magistrate Cameron said she was satisfied there was enough evidence for Hamilton to stand trial. A directions hearing has been set down for 16 February in the Supreme Court.