Alex Gatis, who was shot in the abdomen by his older brother Dimitri Gatis in July 2019 while their parents were away in Greece, has told South Australia’s District Court that he loves his sibling and knows that the incident that took place at the family’s Lockleys home in Adelaide’s western suburbs, was not done intentionally to harm him.

The incident took place on 22 July 2019, at around 9.30am.

Dimitri Gatis, aged 21 at the time, was under the influence of drugs when he fired a gun through the front window of his family’s home, hitting his younger brother, then 16, in the chest and abdomen, causing an injury that required emergency surgery.

The young boy was taken to the Royal Adelaide Hospital in a serious but stable condition.

Several hours later, supported by family members, the perpetrator handed himself in to police detectives, who charged him with attempted murder, firearms offences and trafficking a controlled drug.

Mr Gatis, who has spent two years behind bars since the incident took place, was initially questioned by police, and left the family home with one of his uncles.

The initial attempted murder charge was dropped after lengthy negotiations, and he pleaded guilty to the lesser charge of causing serious harm by criminal negligence in January this year.

He also pleaded guilty to offences including possessing a prescribed firearm without licence and trafficking in a controlled drug.

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During sentencing submissions on Tuesday, Dimitri Gatis’ lawyer, David Edwardson QC, told the court his client’s age at the time of the offending should be considered and his guilty pleas were consistent with contrition and remorse.

“Your honour will have regard to the very positive aspect of severing drugs and a drug addiction which plainly was the catalyst behind the commission of all these offences. A very tragic case indeed: It is tragic because the alleged victim of the firearm offences and the harm offences happens to be his younger brother. He was clearly in a partially psychotic state at the time the firearm was discharged,” Mr Edwardson said and asked Chief Judge Michael Evans to allow Mr Gatis to serve a sentence in home detention.

Mr Edwardson added that Mr Gatis had already been subjected to a harsh penalty of custody since July 2019, he had the support of his close-knit family and he had been rehabilitated while in prison.

The older brother has remained in Yatala Labour Prison, which is the most maximum or serious prison in this state.

“There was a time in this state where nobody on remand would be in Yatala Labor Prison — they’d be in the Adelaide Remand Centre — but instead he’s been in the most secure prison in South Australia as a very young man,” Mr Edwardson told the court.

“If ever there is a case that clearly, unequivocally demonstrates how insidious and evil methamphetamine is, it’s this case. This man clearly had a long-running problem with the consumption of marijuana. But marijuana is one thing, the consumption of methamphetamine, … and the consequences that subsequently follow —where in a delusional state he believed that effectively the house was under siege — is an indication of how quickly things can escalate and how dangerous the situation can be for anyone who’s in close proximity to anyone who has taken this drug.”

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One source who wishes to remain anonymous told Neos Kosmos that the family was under strain.

“I attended Lockleys North primary school and I was friends with Alex. He was the most kind, loving young boy and always made sure he kept out of trouble. His parents Nick and Natalie were always supportive of their two boys. We all know that they are a loving family. Unfortunately, Dimitri struggled with drug addiction from a young age, and it all spiralled from there,” said the source.

Prosecutor Taryn Amos said the offending was a matter of concern and the injuries were very serious adding that certain paragraphs in the younger brother’s affidavit should be disregarded because they were irrelevant and inappropriate.

The judge ordered a comprehensive home detention report to be provided to the courts.

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If given a home detention sentence, Mr Gatis would reside with his grandmother.

Mr Gatis’ case will return to court in August for further submissions.