What Justice Philip Cummins Told The Jury

The Age

Thursday June 16, 2005

IAN MUNRO

THE key issue for the jury was who - Dominic Gatto or Andrew Veniamin - took into the restaurant the .38 calibre Smith & Wesson revolver that killed Veniamin, Justice Philip Cummins told the jury.

The prosecution said Gatto had the revolver and led Veniamin to the back of the restaurant where Gatto produced the .38 and shot Veniamin repeatedly.

The defence said Veniamin arrived at La Porcella with the .38 hidden in his clothing, and when they both went out the back, Veniamin produced the .38 and was going to shoot Gatto. The men struggled and Gatto forced Veniamin to shoot himself.

"If Veniamin had the gun and Veniamin pulled the gun on Gatto and threatened him, you must acquit Mr Gatto of murder. So the issue is: Who had and pulled the gun?" said Justice Cummins.

"There are only two men and there is one gun. There are two ways the prosecution can prove that Mr Gatto had the .38. One is to prove that Mr Gatto had the .38 and prove it beyond reasonable doubt. The other way the prosecution can prove murder is to prove, and prove beyond reasonable doubt, Mr Veniamin did not have the 38.

"Did (Veniamin), or did he not have a .38 on him when he walked in there? Well, the defence says, he has got a love affair with guns. He loves his .38s. He would have one all right, and he would know how to disguise it."

© 2005 The Age

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