A man accused of murdering a rival scrap metal collector by running him down with a car and leaving him for dead at a Hunter tip allegedly threatened the 54-year-old in the days before the fatal incident, a court has heard.
Adam Andrew Bidner allegedly told Shane Mears about a week before his death he would "get" him and that Mr Mears would not see it coming, according to the prosecution.
The 31-year-old's application for bail was refused in Newcastle Local Court on Wednesday, with Magistrate Robert Stone saying Mr Bidner had not met the "show cause" threshold of several charges and that releasing the Aberdare man was an unacceptable risk.
Mr Mears died at Cessnock Waste Management Centre on July 5 last year.
Mr Bidner was charged with murder, dangerous driving occasioning death - drive manner dangerous, negligent driving occasioning death and failing to stop and assist after a vehicle impact causing death.
He is also facing one count each of using an offensive weapon in company with the intent to commit an indictable offence and wounding a person with the intent to cause grievous bodily harm over a separate incident - the alleged assault of a man with a pick axe handle.
Mr Bidner applied for bail on the grounds that his partner was heavily pregnant with the couple's fourth child and she wanted him free for the remainder of the pregnancy, the birth and to help take care of their other children.
But Crown Prosecutor Brian Costello said Mr Bidner had a history of breaching bail and ignoring court orders.
The prosecution alleged that Mr Bidner told Mr Mears about a week before the fatal incident: "Mearsy, I'll get you and you won't even see it coming".
Mr Costello said that while the murder case against Mr Bidner was circumstantial, the vehicle allegedly used to run down Mr Mears was being forensically examined.
He said police found the Toyota Landcruiser in Mr Bidner's father's garage and seized it as it was being cleaned.
Mr Costello said the fail to stop charge was a "very compelling case" and the prosecution would go to motive - "bad blood" and a "history of antagonism between two parties" - with regard to the count of murder.
If convicted of the pick axe assault charges, Mr Costello told the court, Mr Bidner faced a significant custodial sentence.
The court saw a brief video of the incident, which depicted a man with his back to the camera - alleged by the prosecution to be Mr Bidner - using the weapon to repeatedly hit a man lying in bed while the alleged victim said: "what did I do" and "I didn't do nothing".
Mr Bidner's defence lawyer said identity would be an issue in the pick axe assault case, but Magistrate Stone said "on the face of it [the pick axe assault charges] appear to be overwhelming in their strength".
The matter was adjourned to March 17.
IN THE NEWS: