“No medical evidence had confirmed his claim that he had lumps at the back of his head,” he said.
According to his police statement when the men let him go “the big fella” said he should wear sunglasses, in effect, to make out as if he was injured, Djemal submitted.
“If you’ve been punched, why the façade?”
MacGill, 51, told police he was forced into a car at Cremorne on Sydney’s north shore and taken to Bringelly, south of Sydney.
Three assailants then allegedly tried to extort money from MacGill before dropping him about 45 minutes’ away in Belmore about an hour later.
He could not identify the men who kidnapped him but said they spoke Tongan.
He waited for a week to report the incident to the police, saying he was so frightened by the experience and had been threatened with a gun.
The Crown on Monday submitted that Frederick Schaaf had two phones, one located inside the car allegedly used in the kidnapping.
But Djemal said his other covert Cipher phone was nowhere near the car, and argued his other overt phone was left inside the car while it was borrowed.
Djemal submitted the car was slow to cousin Elijah Schaaf who then used it for the kidnapping without Frederick’s knowledge, helped by Vaeluagaomatagy Felio.
Justice Richard Button has reserved his decision on the bail applications.
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