A man who is accused of wearing a mask and cape in two break-ins and an armed robbery is maintaining his innocence in a jury trial at Orange District Court.
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Paul William Mooney, formerly of Byng Street, has pleaded not guilty to the 2019 break and enters at the Orange Ex-Services' Country Club and Ashcroft's Supa IGA in Peisley Street, as well as an armed robbery at the Victoria Hotel.
The trial began on April 13 and the prosecution wrapped up its case on Thursday.
Earlier in the trial, Crown prosecutor Nicholas Marney showed CCTV footage of each offence being committed by a man in a black mask and cape. Mr Mooney denies he was that man.
"The real issue is whether it is the accused who is present in those CCTV images, whether it's the accused who commits those offences," Mr Marney said.
"The accused does not have to prove his innocence, he does not have to put forward an explanation."
Most of the key evidence Mr Marney produced is subject to a court suppression order, meaning it cannot be publicly disclosed. However, Mr Marney also presented other evidence including footage of a search warrant at Mr Mooney's house where police found tow straps or snap straps, a cordless angle grinder, and ammunition.
The first offence was at the Orange Ex-Services' Country Club where a man in black was seen on CCTV jemmying open the door to the clubhouse and putting a tow strap around a membership login machine. It is believed he thought the machine was an ATM.
"It actually doesn't matter what they thought it was, it is that they go in there to make an attempt to steal," Mr Marney said.
"Then you have the break and enter at the IGA, you have evidence that the rear fire door damage was to the extent that it needed to be replaced.
"What you have is CCTV footage of that person trying to get into that [ATM]."
I walked in and someone came running out from the toilets in the break area with a large knife and a firearm.
- Victoria Hotel cleaner
Other evidence arising from the search at Mr Mooney's house included an angle-grinder and cutting discs that were found in his shed as well as photos of a pair of Mooney's shoes that the jury will need to compare to a still shot from the IGA video footage of shoes worn by the masked man.
The third offence was at the Victoria Hotel when the man in black confronted a cleaner, forced the cleaner to lie on his front in the men's toilets then bound his wrists and legs with tape.
The cleaner was cross examined in court and said he started work about 5am or 5.30am and took some bottles outside but when he came back inside he was confronted by a man in dark clothes wearing a black face covering and a cape.
"I walked in and someone came running out from the toilets in the break area with a large knife and a firearm, a rifle," the witness said.
"It wasn't like a shotgun, it was like a rifle."
Crime scene officer and forensic firearms examiner Joel Waszczuk analysed still images of the suspected rifle from the CCTV footage. He said the analysis included measuring the barrel to receiver ratio, and comparing the stock shape, turning bolt, butt stock, trigger guard and overall shape with archived images from a weapons library.
Under cross examination he said it was likely to be a Swedish Mauser or a similar type of bolt action rifle.
"It's either a firearm or if it's not a firearm it's an imitation firearm," he said.
"I came to the opinion that if it was a firearm it is consistent with that type of Mauser or similar."
He said it was also consistent with seven cartridges of 6.5x55 millimetre ammunition found at Mr Mooney's address.
The accused does not have to prove his innocence, he does not have to put forward an explanation.
- Crown prosecutor Nicholas Marney
He said that ammunition could not be used in a .22 rifle or a .222 rifle that Mooney was previously licensed to own and handed in to police in 2018.
Forensic biologist Lisa Wedervang said Mr Mooney's DNA was found on a plastic bag containing the ammunition but he did not have to have direct contact with the item for his DNA to be transferred onto it.
A former partner of Mr Mooney's was also cross examined and said she saw him with three guns in 2010 including the .22 a .222 and a World War II type weapon that had been passed down through his family.
However, in a video interview with police, Mr Mooney said he only had two guns and it was the .22 rifle that had been passed down through his family.
"What she says is 'I saw them, all three together'," Mr Marney said.
"[She] contact police in 2018 with concern about the third firearm."
Mr Mooney was 50 when he was arrested and charged with the three separate offences in September 2019, and has maintained his not guilty pleas.
The trial will resume on Friday when barrister, Philip Swaine, is set to finish his closing statements for the defence before the jury retires to examine the evidence and make a decision.
"It is up to you to assess each piece of evidence," Mr Marney said to the jury.
"You must look at all of these cases individually."
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