A TWEED Heads man jailed for attempting to murder his ex-girlfriend's new partner claims evidence identifying him was tainted and should not have been allowed in the court.
Robert Kingsley Corowa, 33, was found guilty of firing a shotgun three times at Marko Marjanovic at Robina in November 2011 and injuring him.
In a four-day trial last year a jury heard Corowa hired an Ipswich-based private investigator to follow his former partner, Louisa Ray.
With the investigator he followed Ms Ray from the Gold Coast to Toowoomba, after she said she was going to Brisbane, where she picked up Mr Marjanovic and returned to Robina.
Corowa and friend Donald Charles Graham, who later testified against Corowa in return for a reduced sentence, made their way to Mr Marjanovic's house where they drew him outside and shot him. Mr Marjanovic was hit in the shoulder. Corowa was sentenced to 14 years prison.
After the shooting Mr Marjanovic's mother Snezana Marjanovic gave a description of a man to police that did not match Corowa. However, later she told police there was a second man there.
She said a month later she recognised Corowa when he walked into the Caltex service station she was working at.
However, Corowa's lawyers claim before this police had shown her an image of Corowa on a photo board - which she did not recognise him from.
Lawyer Winston Terracini said Ms Marjanovic had been tainted as she knew Corowa was a suspect and had seen his image on the photo board before she said she identified him.
Mr Terracini said the evidence should not have been put before the jury and Corowa should be awarded a new trial.
"It is a very worrying case - it's got some real problems. It is very rare this sort of identification goes before a jury," he said.
However, Crown Prosecutor Ben Power said the evidence would not have changed the case's outcome as the prosecution's case was not made around identification.
The Supreme Court justices will deliver their decision in coming weeks.
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