News flash. NSC has had a win in this case. Fantastic news. Ron eventually faced five charges despite helping his neighbour. They were that he:
Charge 1 – Carried a loaded firearm in a public place;
Charge 2 – Carried a firearm exposed to view in a public place;
Charge 3 – Went armed in public; and
Charge 4 – Carried a controlled weapon (a bayonet) in public;
Charge 5 – Possessed a firearm (contrary to the genuine reason).
The problem we faced was two-fold. First, it was clear the police didn’t want to lose this fight, so we needed to understand how to fight all five charges. The second problem was how to help Ron get his guns back, if that was possible.
That’s because under section 10(2A) of the NT Firearms Act 1997, a finding of guilt on any of the offences would have resulted in Ron being disqualified from holding a firearms licence for 2 years.
It’s an unfair law written at the height of the political attacks on us.
To help Ron, many of you donated to our fund to help him use the best legal support we could find. For that, we used barrister Mr Jon Bortoli, who came to us recommended by the NT Firearms Council. We also used the services of local solicitor, Luke Gardner who we are also grateful to.
POLICE BECOME DIFFICULT TO DEAL WITH
During this time Ron wanted his other seized guns that were unrelated to the charges transferred to a friendly dealer, as he was entitled to do under NT firearms law and as suggested to him by the NSC’s Vice President.
However the police resisted that idea. This resulted in Mr Bortoli having to write to the Chief Commissioner threatening more proceedings if this did not occur.
The police then allowed Ron to transfer all property unrelated to the charges. However, NTPol were determined to win their case against Ron and we understand they may have even flown in a Senior Prosecutor from Melbourne to run their court case for them all NT taxpayers’ expense.
THE TRIAL
The matter went to trial before Judge Birch in the Alice Springs Local Court on 19 October. After lengthy and careful deliberations by Ron and Jon, Ron entered not guilty pleas to all five charges.
At the trial, it was noted that Ron did not immediately load the firearm until after talking with the victim’s family. Even then, a round had not been chambered.
After the evidence was concluded, the prosecution withdrew Charges 2, 3 and 5 leaving Charges 1 and 4 remaining.
THE VERDICT
The decision was originally meant to be handed down 9 December but was deferred to 11 February. We took this as a positive sign that Judge Birch wanted to consider the matter properly.
The verdict on the remaining charges were:
On Charge 1, Not guilty; and
On Charge 4, Guilty. For this, Ron was placed on a 6 month good behaviour bond with a $500 penalty if he breached the bond. Importantly, no conviction was recorded.
His Honour found that Ron’s evidence raised a lawful excuse and that his actions were not ‘disproportionate’ or ‘unreasonable’ to have taken his firearm with him in the circumstances.
... AND HE'S GOT HIS GUNS BACK!
As you can imagine, Ron was happy with that outcome – but more good news was yet to come.
As you will recall, a finding of guilt of one of the offences could have disqualified Ron from holding a licence for a 2 year period.
After some discussion on a previous case, Burrarrwanga v Rigby, the Court issued an Order requiring the immediate return of Ron’s guns & licence, trumping the automatic disqualification.
If anything, this was the judiciary’s way of saying that the penalty was excessive. Here’s what the Court Order said:
Not to waste any time, Ron marched off to the police station with the Order to get his guns – and has now been reunited with them. He also got his licence back and we understand a new one will be issued shortly.
WHAT A RESULT!
This is a fantastic outcome, made possible by the many shooters like yourself who donated to help Ron’s fight. Thank you for your help.
It is a fantastic outcome for shooters Australia wide because it shows what can be done by a competent organisation such as the NSC. It’s why more and more shooters are backing the NSC.
The last remaining thing for us to do is to see if we can effect change in the NT by having the NT Firearms Act amended to provide greater flexibility for when a disqualification period may apply.
There needs to be the option for at least an administrative review, so we’re raising this with NT MP and NSC member, Kezia Purick.
There was a lot of anger in the shooting community over this case and understandably many were pessimistic on Ron’s chances for a good outcome. However we believed in the principle of defending the matter which is why we fought it so hard for Ron.
That’s why it PAYS to join the NSC. Click here to sign up now!
ONE VERY HAPPY MAN
A word from Ron…
“I wish to give a big THANK YOU to everyone that had supported me this past year.
https://nationalshooting.org.au/nsc-sco ... ence-case/