A Fairy Meadow man accused of playing a part in a Brothers For Life gang shooting in Sydney has been released on bail.
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Police say Tugay Caylak, 23, was a member of Brothers For Life in October 2012 when an internal feud erupted and one member of the gang was shot.
Mr Caylak was arrested at his family’s Balgownie Road home early on Thursday and appeared before Wollongong Local Court charged with discharging a firearm with intent to cause grievous bodily harm.
The charge relates to the non-fatal shooting of BFL member Alex Ali, also known as Ahmed Khalil, at Graff Park in Yagoona on the evening of October 8, 2012.
Facts tendered to the court allege Mr Caylak was present at a gathering of gang members when the shooting plot was hatched and the gun loaded earlier that day.
Police further allege Mr Caylak attended the shooting location and encouraged the shooter to fire.
According to the facts, the shooter fired at least three times, using a .25 calibre self-loading pistol, striking the victim in his left leg.
Police say Mr Caylak and his co-accused then left the park, leaving behind only the victim and one co-accused, who denied to police any knowledge of the shooter’s identity.
Opposing bail on Thursday, prosecutor Sergeant Amelia Wall pointed to the seriousness of gun-related crime, and the need to protect witnesses.
‘‘The community would expect that a person charged with this offence would be bail refused,’’ she said. ‘‘The protection of the community is paramount. There is a real concern that witnesses will be interfered with by co-accused in this matter.’’
But Magistrate Geraldine Beattie queried why it had taken a year to bring charges against Mr Caylak, who had lived with his parents in Fairy Meadow without incident ever since.
Solicitor Jonathan Kearney said the case against Mr Caylak was ‘‘bare’’ and the prosecution had established little more than a friendship between his client and another gang member.
‘‘My submission on the strength of the prosecution case is ... that there just isn’t one,’’ Mr Kearney said.
‘‘It’s almost as if we’re meant to guess ... the link between this defendant and the allegations.’’
Mr Kearney said his client had recently completed a TAFE qualification and was in the process of setting up a rendering business.
Granting bail, Magistrate Beattie attached extensive conditions, including that Mr Caylak withdraw his passport application - made only the day before - and relinquish his expired passport.
He must report to police three times a week, live with his parents and not travel further north than Heathcote unless to attend court or pre-arranged legal appointments.
Mr Caylak and an approved surety were also required to pay $1000 each as surety.
The matter was adjourned to Burwood Local Court on January 8, 2014.
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