A man accused of murdering another man near the Top End town of Katherine has appeared in court via videolink before the case is likely moved to the Supreme Court next month.
Kim Kellet has been charged with murder after allegedly shooting a home intruder
Police say the 26-year-old victim was on bail at the time
The case will likely move to the Supreme Court in June
Kim Kellet, 38, is charged with murdering a 26-year-old man who entered his property near the Cutta Cutta Caves, 30 kilometres south of Katherine, around 4am on March 17.
At a brief hearing in the Darwin Local Court today, Mr Kellet waved at a crowd of about a dozen family members and supporters who sat in the courtroom, as he appeared via videolink from prison.
Some supporters were visibly upset as Mr Kellet appeared in a red prison-issued T-shirt, usually worn by those under maximum security conditions.
Mr Kellet’s lawyer, Peter Maley, told the court the matter was “close to complete resolution” and that a set of agreed facts were in the process of being determined between the defence and prosecutors.
Outside court, Mr Maley would not clarify what a “complete resolution” would mean.
Alleged murderer fired ‘warning shot’
According to a statement of alleged facts released by the court, Mr Kellet’s wife Danielle, a ranger for NT Parks and Wildlife, woke around 4am to make a bottle for their two-year-old child, when she found an unknown man standing in the middle of her kitchen.
Police said her screams woke Mr Kellet who chased the man outside, before Ms Kellet called triple-0 and said “I’m sitting in my room, if he comes in here, he won’t be walking out, I’ll tell you that. I’m sitting in the room with my gun.”
According to police, the 26-year-old man was on bail to attend a nearby drug and rehabilitation facility and had left the facility around six hours before the alleged shooting.
Police said staff and family of the man reported him acting in a “highly irrational state” in the days prior to the alleged incident.
Police allege Mr Kellet later took possession of the firearm and walked outside after hearing noises.
According to the statement of alleged facts he told police on morning of the shooting: “I came out and I heard him and I just went ‘boom’ like to scare him off and say we had a gun and f**k off.”
When police arrived at the home, around 20 minutes after the alarm was raised, they say they found a 26-year-old man lying on his back in the driveway of the property with a single bullet wound to his chest.
Police allege Mr Kellet told them: “Oh shit, I only just fired a warning shot.”
In the document released by the court, police allege Mr Kellet was “reckless” in firing the weapon, and he had “various other options available to him”.
“If he intended to fire a warning shot, he could have fired into the air or into the garden bed next to him. The defendant chose to fire in the direction of the victim, knowing that if he hit him, he may cause his death,” the statement of alleged facts said.
Mr Kellet will return to Darwin Local Court on June 15 for a preliminary examination hearing.
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