Marko Saric was denied bail on Tuesday after a court was told prosecutors would have a very strong case if the link between him and the handle "EOTS" was established.
The 25-year-old is facing accusations he acted as the getaway driver in a shooting which claimed the life of an innocent man and badly injured two others in Greenacre, in Sydney's west, in July 2023.
Having allegedly entered into a criminal conspiracy to carry out the shooting, Saric is facing charges including murder and participating in a criminal group.
Alleged gunman Anthony Pele is believed to be overseas. (HANDOUT/NSW POLICE)
Saric's lawyer Troy Edwards SC told the court prosecutors are attempting to link his client to the handle EOTS, used on the encrypted Threema messaging app, to discuss illegal narcotics operations.
He said if Saric's tattoo, which reads "enemy of the state", is the only link established by prosecutors, they will have a difficult time proving their case.
"Of course, if they can prove that (handle link), it's a strong case against the accused," Mr Edwards said.
Saric has also been charged with supplying 997.1 grams of cocaine, manufacturing and supplying 785 grams of methylamphetamine and dealing with $83,000 which he knew to be the proceeds of crime.
Mr Edwards said on his cursory Googling, Enemy of the State is a movie starring Will Smith, and does not appear to be a common tattoo used by criminal groups.
Police are still hoping to track down the alleged gunman in the Greenacre shooting, Anthony Pele, who is believed to be overseas.
Both Pele and Saric left the country together following the shooting, flying first class to Dubai, however Saric later returned and was taken in to custody.
Ahmed Al Azzam, 25, died in hospital three days after he was found seriously injured in his parked car.
Two other people, a 22-year-old man and a 19-year-old woman, were wounded in a separate car parked about 50m away.
Prosecutors allege Saric and others entered into an agreement to carry out the shooting on the belief a rival criminal gang were planning to kidnap one of their members.
It was submitted by Saric's lawyers he may have agreed only after the shooting took place to give the shooter a lift, which Justice Robert Hulme described as "fanciful".
"It is hard to think of a hypothesis that is inconsistent with the notion that the applicant was a party to a joint criminal enterprise to carry out these shootings," Justice Hulme said.
In applying for bail, Mr Edwards suggested Saric be sent to the Mudgee Private rehab centre to deal with addiction issues, while he awaits trial for the drug supply and shooting matters.
Crown prosecutor Jessica Todhunter raised concerns the facility's website refers primarily to "lifestyle" aspects of the centre rather than medical care and advice available to patients.
"It's the appearance of a holiday resort," Justice Hulme agreed.
Saric's matter is due to return to court on October 30.
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