Detectives say two of those men involved in the alleged assault on Mr Papworth are Jak Farmer and Dane Frederick Simms, while the identity of the gunman remains a mystery nearly a year on.

Mr Farmer and Mr Simms have been charged with shoot at with intent to murder, discharging a firearm with intent to cause grievous bodily harm, using an offensive weapon in company and assault occasioning actual bodily harm in company.

Both men applied for bail in Newcastle Local Court last week, their legal representatives taking aim at what they said was a weak prosecution case based on a joint criminal enterprise to shoot Mr Papworth that could not be established.

"On the evening of the alleged incident, police say Mr Simms was picked up by a third unknown male and he and Mr Farmer were driven to the house," defence barrister Tom Hughes, for Mr Simms, told Magistrate Michael Antrum. "There was the alleged incident with Mr Papworth; that allegation of assault does not involve any allegation of a firearm. "A third man then appears from behind a wall and produces a firearm and discharges it and injures Mr Papworth. "As part of that there is a complete absence of evidence to suggest Mr Simms was aware that there was a weapon located in the vehicle, let alone that it would be produced and discharged. "That case would rely on a very weak circumstantial inference at best. "There is no evidence to suggest there was any meeting of the minds, no telephone downloads, no witness statements, nothing to connect Mr Simms with any knowledge of this weapon. "On the Crown case the first time he becomes aware of the weapon is upon its production at the scene which is followed by it being fired by the unknown male."

According to police, Mr Papworth was bashed and shot in the stomach in the driveway of his home in Golden Whistler Avenue at Aberglasslyn about 10.45pm on March 9 last year.

Three men were seen fleeing the scene in a white Mitsubishi Magna which was later found on fire in Railway Parade at Telarah. Mr Papworth was treated at the scene by paramedics before being flown to John Hunter Hospital in a critical condition. He spent several days in a coma undergoing emergency surgery to repair organs damaged by the shattered bullet.

Mr Simms and Mr Farmer were arrested in April and May and have remained behind bars.

Their bid for conditional bail was predicated on the strength of the prosecution case, the delay in getting a trial date and both men needing drug rehabilitation.

Mr Farmer offered to wear an ankle monitoring bracelet, put up a cash surety and go into a residential rehab.

But Magistrate Antrum said the charges were too serious to grant the pair bail. The matter was adjourned for a week for the DPP to finalise the charges against the men.

IN THE NEWS:

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: