under fireEXTRACTS of evidence given by Yamba truck driver Jonathon Koen have been inconsistent a number of times since the alleged Pacific Highway shooting on May 26, 2004, the Grafton District Court heard yesterday.
Mr Koen took to the stand for cross examination yesterday, the sixth day of the trial for David Charles Brown and Spyro Sophiadakis.
Both men have been charged with shooting Mr Koen with intent to murder.
During the morning, the court heard that on Mr Koen's birthday ? April 14, 2004 ? he had been involved in an argument with Sophiadakis and one of his friends.
Mr Koen said he and a group of men had been drinking at the Outcast motorcycle clubhouse when a man he referred to as 'Hothead', jumped up from his seat and 'wanted to argue with him (Mr Koen)'.
"He was jumping up and down and wanted to take me outside," Mr Koen said.
Mr Koen said prior to this he had asked Sophiadakis why he had been regularly visiting his house at Yamba, while he was not at home.
Mr Koen said it was after this question that Hothead had 'jumped up and come to Sophiadakis' aid'.
But, during questioning from Sophiadakis' barrister George Ikners, the court heard that in a statement Mr Koen made to police on July 11, 2004, 'David Brown and Spyro Sophiadakis were not there that night'.
When questioned about this discrepancy, Mr Koen said it had been only a short time since he had come out of a coma.
"At the time the statement was taken I'd only been out of a coma for ... and lots of what happened was very vague," Mr Koen said.
Mr Ikners: "Was that a period when you were on lots of medication?"
Mr Koen: "I was on the appropriate medication."
Mr Ikners: "What about the word 'lots'?"
Mr Koen: "I was on the medication that I needed for my condition."
Mr Ikners also brought to the court's attention a section of Mr Koen's July 11 statement, where Mr Koen had said he had been the one who was driving his prime mover truck along the Pacific Highway on the night of the alleged shooting.
Mr Ikners read Mr Koen's police statement in relation to events on the night of May 26: "I remember it was after dark and I was driving my truck down the highway."
Mr Koen told the court last Friday that it was Sophiadakis who had been driving his truck on the night he allegedly was shot.
Mr Koen also told the court that at Christmas 2005, he had experienced a memory flashback that enabled him to remember a few more details about the period prior to and following the alleged shooting.
Mr Ikners: "It (Mr Koen's memory) all came back, is that a correct way of putting it?"
Mr Koen: "It's hard to say if my memory has come back or not if I don't remember."