Leah Fineran | 11:02am October 26, 2012
A SYDNEY man who died after being shot with a WWII relic pistol in a bizarre home invasion at Gilston was high on illegal drugs, a court has been told.
George Gioiello was shot in the thigh and bled to death as he ran 50m from a Silvereye Cres home in July last year.
Police allege Gioiello was shot by house resident Kane Cook with a German-made 9mm Luger from the 1940s.
Cook, a father of three, has pleaded not guilty to manslaughter. He says he was defending his home and wrestled the gun from intruders who were ransacking his home.
In a police interview, the 30-year-old said he fired a single shot from the gun and then fled next door where he told his neighbour to call the police.
Yesterday in a Southport Magistrates Court committal hearing, a recording of Cook’s 000 call was tendered to the court along with numerous exhibits.
A toxicology certificate belonging to Gioiello was also tendered, allegedly proving he was affected by methamphetamines and cannabis at the time of his death.
Police and paramedics found Gioiello lying dead in the street in the early hours of July 12, 2011, just metres from a car that was found to contain items suspected to have been stolen from Cook’s home.
In cross-examination, solicitor Bill Potts for Cook asked Detective Sergeant Dean Anderson if a “break-and-enter kit” including two balaclavas, a hood with a skull on it, a knife, a torch and binoculars had been found in the car.
“Fair comment, yes,” Det-Sgt Anderson said. “There were certainly disguises and other items.”
He confirmed Gioiello’s DNA had been found on a grey neck-warmer in the car.
Det-Sgt Anderson said a subsequent search of Gioiello’s temporary Benowa home yielded a personal diary containing a “very rough and inaccurate” map of Cook’s home and also addresses and contacts for associates.
Under cross-examination he admitted several leads had gone cold when Gioiello’s associates and family members refused to be interviewed by detectives.
He said police also had no luck tracing the history or ownership records of the unusual weapon.
More than 60 police officers have filed statements for the case, along with 36 civilian and specialist witnesses.