A man watched as his father - standing in the headlights of a 4WD - was riddled with bullets during a siege near Wellington, Dubbo Local Court has heard.
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Jason Pestano, the son of alleged standover man Michael 'No Thumbs' Pestano, was the second witness in the committal hearing into the July 2004 shooting at Arthurville that left Micheal Pestano, 52, dead and two cohorts - Ron Howell of Wellington and Frank Croker - injured.
Father and son Ernest Lawrence Nam, 70, and Timothy John Nam, 28, are each charged with one count of murder. Ernest Nam is also charged with two counts of shooting with intent to cause grievous bodily harm and Timothy Nam charged with two counts of shooting with intent to murder.
The court heard how the Pestanos drove from Sydney the day of the alleged murder with friend Brien Randall-Smith and set up camp in front of the weatherboard home where the Nams lived.
Michael Pestano had been hired by the Nams' landlords, Colleen and David Taylor, to evict the family: Ernest Nam, his wife Margaret, son Timothy and Timothy's 18-month-old child.
The group cut down the fence with a chainsaw, smashed a window and allegedly cut off electricity and drained a water tank to intimidate the Nams to leave, the court heard.
Police went to the property three times during the stand-off.
Jason Pestano told the court he worked as a "commercial agent" dealing mainly in debt collection work.
He said his father - who did "mediation" work - had called him on July 24 and asked him to help perform the job for $600.
The three arrived at Wellington on nightfall and met Colleen Taylor and her young son, accompanied by three other men. The group set up camp, lit a fire and Michael and Jason Pestano had a conversation with Ernest ‘Lawrie' Nam.
Jason Pestano told Mr Nam it was "time to go" and they would start "taking down" the fence, he told the court.
Lawrie Nam replied that they would be "dead at 10pm", the court heard.
When police were called for a second time they told Mr Pestano guns had been previously confiscated at the home, the court heard.
About 11.40pm Jason Pestano said his father went to have a nap. It was while he was in the caravan that two 4WDs came "racing" up the road, he said. His father came out of the caravan and stood in the headlights of the 4WD. He said, "what's this talk of guns".
Jason Pestano - who was not allowed to identify either Nam in court - said the younger of the two men at the house "came running a couple of steps out of the pack of people" and "fired a couple of shots" at his father.
His father's shoulder started twitching and he said, "I've been shot", the court heard.
Michael Pestano stumbled backwards and the gunman ran up to him and "fired off all the shots (in his gun)", the court heard. He then came "extremely close" and fired another five to seven shots.
Jason Pestano said his father "fell to the ground" and when he knelt beside him he lifted his jumper to see "bullet holes in him".
The younger man then turned the gun back-to-front and went to strike Michael Pestano, but was blocked by the victim's elbow, which smashed the gun.
The "older man" then came forward and "began shooting people at random", the court heard.
Jason Pestano ran to his car - where he saw another of his group lying on the ground - and they fled the property after dragging Michael Pestano into the car. A "couple of bullets" were fired at the car as they drove off, he said.
By the time they arrived at the hospital Mr Pestano was "cold" and "wasn't breathing", the court heard.
Timothy Nam's barrister, John Stratton, questioned Jason Pestano's description of his father as a "mediator".
"He was a standover man, wasn't he?" Mr Stratton asked.
"That's not true," he replied.
He also denied allegations he and his father were hospitalised after making threats against a Lebanese businessman to recover a $40,000 debt.
Mr Pestano denied knowing a string of Sydney underworld figures alleged to have been associated with his father and refuted suggestions his father was actually the boss of his operation but could not hold a licence to run it because of his criminal history.