Cloud over Taylor nail gun shooting case against Darko Felding as 'star witness' vanishes

Chief Magistrate Lorraine Walker said on Wednesday the charges against Darko Felding and his son might be dismissed if the so-called "star witness" was not available to give evidence on the next court date.

She made that comment as Mr Felding, 50, appeared in the ACT Magistrates Court for what was meant to be the start of a three-day hearing into four charges he denies.

The man's son, Zachary Felding, 21, is charged with five offences over the same incident and has also pleaded not guilty.

Police documents, tendered in court after the pair were arrested, detail a dramatic November 2020 confrontation in the Gungahlin suburb of Taylor.

Investigators claim the Feldings armed themselves with cordless nail guns and left their McCredie Street home on the night in question to confront people who were having a party a few houses away.

Darko Felding is alleged to have subsequently fired his tool several times at the host's cousin, a then-40-year-old man, from about two metres away.

"One nail struck [the alleged victim] in the middle of the forehead, piercing his skin and causing him to bleed," court documents say.

"The nail was embedded in [his] forehead."

A scuffle ensued, according to police, with the alleged victim wrestling against both father and son in an attempt to disarm them.

Eventually, those involved retreated to their respective houses.

Investigating officers say that when they turned up at the scene, the alleged victim was bleeding from the head.

A few minutes later, police discovered Darko Felding wearing a torn singlet and bleeding from his left eyebrow at his home.

He is said to have told officers that there had been a verbal argument earlier in the evening, and that he had gone to "sort it out".

When police told him he was under arrest for assaulting "the guy down the road with the nail sticking out of his forehead", Darko Felding allegedly replied: "I f---ing hope he's got a nail sticking out of his head. I shot at everyone."

He has since been charged with committing an act endangering life, assault occasioning actual bodily harm, affray, and possessing an offensive weapon with intent.

Zachary Felding, meanwhile, is accused of aiding and abetting an act endangering life, assault, weapon possession, and two counts of affray.

A shortage of available magistrates was almost certain to delay the pair's hearing when it was set to begin on Wednesday morning, but defence barrister Jack Pappas, for Darko Felding, told the court the prosecution's "star witness" was not present in any event.

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Prosecutor James Melloy confirmed this, saying police had failed to serve a subpoena on the alleged victim despite having attempted to do so.

Mr Melloy said members of the man's family, who were also witnesses, had told him police were looking for him, but his current whereabouts were nevertheless unknown.

"It certainly is regrettable," the prosecutor told the court.

Mr Melloy said he remained hopeful of securing the man's attendance in the future.

This prompted Ms Walker to warn that "if [the alleged victim] is not produced on the next occasion, it may be that the matters are dismissed rather than a further opportunity being given".

The chief magistrate adjourned the matter for a three-day hearing to start on May 18, until which time the Feldings will remain on bail.

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