"During the recorded conversation police also asked Mr Hoy about 'the gun'".Second paragraph from the end reads: "Det Sgt Seaman agreed with Mr Reilly when he was asked whether he noticed Mr Hoy appeared extremely anxious during the conversation and whether he knew he was on anti-depressants."
'It was all her fault'
July 15th, 2008
A MAN accused of gunning down his love rival in a Nerang back yard, told police moments after his arrest that 'it was me or him', the Southport court was told yesterday.
Ashley Colin Hoy, 31, is charged with the murder of Craig Hill on January 28 and faced the first day of a committal hearing yesterday during which a recording of a conversation Mr Hoy had with police on his way to the Southport Watchhouse was played.
On the tape, Mr Hoy tells police he was scared of Mr Hill, who he claimed had threatened him.
Mr Hill had been in prison on theft charges and was released three days before he was gunned down.
Mr Hoy alleges both he and Mr Hill were in a relationship with Michelle Harris.
"She's destroyed both our lives, mate," Mr Hoy told police."She's to blame for the whole thing."
Mr Hoy allegedly told police he had agreed to meet Mr Hill at McDonald's, in Nerang, to sort out their differences, but when Mr Hill did not turn up, Mr Hoy went to his Nerang home.
"I thought we were going to be able to talk. I wanted to get this (expletive) sorted out," Mr Hoy could be heard saying on the recording.
"He reached behind his back, mate and he was going to pop me. He's jumped out from behind the gate (and said), 'Let's go out the front'.
"I'm thinking it's me or him, mate. I did not know what to do. I was scared shitless."
Police responded to Mr Hoy by saying, 'And as a result, he's ended up dead,' to which Mr Hoy replied "That's it, mate … I'd been trying to get through this (expletive) so it wouldn't come to this."
Mr Hoy was arrested by members of the special emergency response team at a Runaway Bay motor inn the day after the shooting.
During the recorded conversation police also asked Mr Hoy about 'the gun'.
He allegedly told them he had thrown it away at The Spit.
When asked how he got the gun, he allegedly replied: "It's not that hard, hey. Money talks."
He also told officers he had intended to hand himself in.
During cross examination of investigating officer, Detective-Sergeant Rodney Seaman, who was taping the conversation with Mr Hoy, defence barrister Bernie Reilly challenged the method used by the police in questioning his client.
Mr Reilly said Mr Hoy had repeatedly asked for a lawyer and said he was not going to say anything to police 'until it was the right time'.
"Do you agree that he indicates concern at talking to you after the warning you gave him," asked Mr Reilly.
"He is questioning himself, yes," replied Det-Sgt Seaman.
Det Sgt Seaman agreed with Mr Reilly when he was asked whether he noticed Mr Hoy appeared extremely anxious during the conversation and whether he knew he was on anti-depressants.
The hearing continues today.