A suspected killer who allegedly pointed a loaded gun at a car carrying a child may have an intellectual disability, a court has told the court.
Siaosi Maeakafa Tupoulahi, 24, appeared in the New South Wales Supreme Court on Thursday to apply for bail after spending more than six weeks on remand.
Police allege he pointed a loaded gun at a car carrying a child during the botched murder attempt on a street in Sydney’s eastern suburbs at about 8.20am on July 25.
According to police, the boy was sitting in the passenger seat of the car while Mr Tupoulahi pointed a gun at the driver for 10 seconds.
Police say the 24-year-old carpenter was targeting the high-profile owner of a luxury vehicle but mistakenly approached the wrong car.
He then allegedly fled the scene in a stolen rental car driven by Yousif Zrayka, 20.
When police arrested the pair some time later, Mr Tupoulahi allegedly resisted arrest and struggled with police before being subdued with a Taser.
Police say they discovered a loaded black revolver, a loaded semi-automatic pistol, rubber gloves and full cans of gasoline in the stolen rental car after they arrested the men.
Siaosi Maeakafa Tupoulahi has been charged with alleged attempted murder (pictured)
Police allege the 24-year-old (pictured) was wearing a balaclava and holding a gun.
Mr Tupoulahi and Mr Zrayka have been charged with a range of offences, including conspiracy to murder a high-profile man who cannot be identified.
On Thursday, Tupoulahi’s lawyer, Ben Barrack, asked to withdraw his client’s bail application at the last minute to obtain more information about his health.
The court was told a medical report had been given to the prosecution suggesting Mr Tupoulahi had “an enlarged vein in his brain” which was inhibiting his brain function.
Mr Barrack said the fact Mr Tupoulahi had a treating neurologist appeared to suggest “a genuine evidentiary basis” for his family’s observations that he had “slowed his process of understanding and absorbing information” following a workplace accident.
Although the medical report was “not fully explored”, Mr Barrack argued that “the issue of cognitive impairment is potentially a critical aspect of the (bail) application”.
If the bail application is dismissed, Mr Barrack said his team would have more time to gather additional information about Mr Tupoulahi’s health and prepare “a more persuasive argument about the applicant’s vulnerability in custody”.
“Your Honour will note that he is a relatively young man and this is his first time in custody,” he said.
“It’s a different situation if he actually suffers from a mental disability.”
Mr Tupoulahi was arrested in July for the alleged failed assassination attempt (pictured)
Mr Barrack said further evidence would also allow the judge to make a “proper assessment” of Mr Tupoulahi’s risk of reoffending and “give the court comfort as to whether (the alleged offending), which was abhorrent in his 23 years of life, was something that was unlikely to happen again”.
“I am genuinely concerned that he will indeed suffer the consequences of the failure of perhaps the family and their representation to present sufficient material to Your Honour today to make a proper assessment of those matters,” he said.
“My concern is that he’s young, he won’t have a trial for another year and a half and this is his only chance.”
Alleged offenders can generally only make a single application for bail to the Supreme Court of New South Wales unless they can show that their circumstances have changed.
The Crown prosecutor told the court she did not oppose the bail hearing being quashed following the “very late delivery” of the medical report.
The worker will remain in pretrial detention until he returns to court later this month.
The court was told the woman had made an application to question the author of the report, which she said was “concerning in terms of some of its contents”.
“Having read it and having read some of the material, I can certainly understand why it is necessary for him to be cross-examined,” Judge Helen Wilson agreed.
“It is difficult to imagine how he could be intellectually disabled and at the same time a skilled carpenter who fully supports his family.”
She allowed Mr Barrack to withdraw his bail application.
Mr Tupoulahi will remain behind bars on remand until he returns to the Local Court later this month.
He faces 14 charges, including conspiracy to murder a person, possession of a loaded firearm in a public place and assaulting a police officer in the execution of his duty.
