Pair on trial for golf ball bomb which maimed boy
IT will be up to a jury to decide whether two West Ipswich men are responsible for an explosion which left a teenage boy disfigured.
A Leichhardt 15-year-old lost most of his fingers when a homemade bomb detonated in his hands, two years ago.
At Ipswich District Court yesterday, Glen Charles Dell, 45, and Mark Antony Tear, 39, each stood trial for grievous bodily harm, in relation to the boy's injury caused by the explosion.
Tear and Dell were charged in July 2013, after another bomb detonated at a Clay St house the pair was residing in.
In his opening statement, Crown Prosecutor Noel Needham alleged the men had been handling a dangerous explosive called Triacetone Triperoxide - also known as TATP.
Mr Needham said the substance was found throughout the men's home when police searched the property.
He said the same bomb-making chemical was also found in the homemade golf ball bomb which had ripped the young victim's hands apart.
Mr Needham said the materials required to build such an explosive device were also found at the men's address.
"The Crown will allege both Dell and Tear had access to, knowledge of and capability to use TATP," Mr Needham told the jury. "The real determination is whether these men have done an act - or failed to do an act - which has contributed to the consequences the victim suffered."
The golf ball bomb is alleged to have been found in the gutter by teenage friends of the victim, and they were playing with it when it exploded.
The bomb was found by the youths at a location which was apparently en-route to Tear's partner's house.
Mr Needham alleged the golf ball bomb, which did the damage to the victim, came from someone - or both people - at that Clay St address.
"The crown does not say the bomb was built with malice or with the purpose to cause injury to the victim," he said. "Our case relies on the notion that someone can do - or fail to do - something that is so grossly negligent it warrants intervention of the criminal kind."
Mr Needham said TATP was an unpredictable and unstable explosive and that the homemade bomb had been designed to explode.
"It's the duty of every person, who has anything of such a nature in their care...to take reasonable precautions to avoid danger to others," he said.
"Failure to do so holds those people liable in terms of any injuries caused by any consequences."
In addition to the grievous bodily harm charge, Dell has been further charged with carrying dangerous goods on a vehicle.
Mr Needham said the offences were in relation to allegations of Dell possessing a "white, explosive powder" while travelling on a train. The trial continues today.