MAN SHOT BY POLICE 'HAD NO WEAPON'

A man shot in the head by an Australian Federal Police officer was unarmed
when undercover agents swooped on his car at a Sydney motorway tollgate.

Nor was any firearm found during a search of the white Jaguar driven by
Malcolm Hay, who was shot on Monday at the M2 tollgates at North Ryde,
police sources told the Herald yesterday. Mr Hay, 45, was in a critical
condition in Royal North Shore Hospital yesterday as his wife, two-year-old
child and brother flew to Sydney from Adelaide to be at his side.

He had been living at Bondi since arriving in Sydney from South Australia
to work as a roofing salesman after the April hailstorm.

An AFP internal affairs investigation and a separate inquiry by NSW police
are trying to learn how the man was shot during what was meant to be a
routine stop-and-search operation. A passenger in the car, Colin Edward
Hill, 46, a spray painter from Adelaide, faced Central Local Court charged
with possession of 100 grams of cocaine with a street value of $20,000,
which Federal police allege was found on a back seat.

But Hilldenied through his barrister, Mr William Barber, any knowledge of
the drug or $34,100 in cash which Federal police alleged was also found in
the car.The AFP refused to comment on the investigation yesterday or the
type of handgun involved.

Mr Hay underwent surgery yesterday to remove a bullet lodged in his neck,
severing a major artery. He suffered a stroke on Monday night as a
consequence of blood loss to the brain.In a statement of facts tendered to
Central Local Court, Federal police alleged Hay and Hill were seen by
officers leaving a home in Malo Road, Whale Beach, at 10.30am on Monday in
a Jaguar driven by Hill. A white Ford Falcon was also seen to leave the
premises.

"Both cars were followed to a premises in Pittwater Road at Brookvale and
the occupants of both cars, including Hill and Hay, entered the premises at
11.15am," the statement alleged."A short time later the three persons were
observed to exit the premises. Hay was carrying a bag which he placed into
the rear seat of the Jaguar.

Police followed the Jaguar from this address and intercepted the car at the
tollgates about 12.03pm, the statement said.Mr Barber told the court that
at this point Hay "was unfortunately shot".

He said both men had been driving along the M2 motorway with the intention
of "going to have lunch with friends" at Blacktown when police confronted
the vehicle.

Mr Barber said Hill "came from a family of battlers" and "my client
strenuously denies allegations of the offence of any drugs that were found
in the vehicle". The magistrate, Mr Alan Moore, granted Hill $20,000 bail
in surety and ordered that he surrender his passport, but be allowed to
reside with his de facto wife in Adelaide and report daily to South
Australian Police before his next appearance at Central Local Court on
September 25. No charges have been laid against Hay.