Judicial legislation has failed the people it is supposed to serve, according to "deeply disappointed" Dubbo police. Orana Local Area Commander Superintendent Stuart Smith yesterday expressed his disappointment in a local court's decision to dismiss riot charges faced by four people arrested for inciting the violent New Year's Day melee in the Gordon Estate. "(We) are deeply disappointed in the result we got today," Supt Smith said. "It is obvious that legislation is supposed to serve the people and it failed in this case." Supt Smith strongly indicated his intention to "put a submission together through our legal services" to State Government. "The fact that we didn't get a result today does not mean it is over.
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"It is obvious Dubbo has a history of rectifying faulty legislation. It was certainly the case in Brendan Saul's case and certainly I think this will be the same," Supt Smith said. Magistrate Michael Stoddart told the court there was no dispute the "disgraceful" and "appalling" incident that occurred in Linda Drive on New Year's Day was a very serious matter, involving up to 150 people between the ages of 10 and 60. "Missiles were thrown, police officers were injured, property was damaged with one police vehicle completely destroyed and all police officers were required to leave the scene," Magistrate Stoddart said. The most serious charge facing Kevin John Carr, Eric Keith Dixon, Katrina Joyce Dixon and Clifford John Mackay was the offence of riot. Magistrate Stoddart said the elements of the charge require that 12 or more people used or threatened unlawful violence for a common purpose, and that this conduct caused a person of reasonable firmness to fear for their safety. Magistrate Stoddard said he had doubts about the prosecution's ability to identify 12 or more people had used or threatened unlawful violence for a common purpose. "I could not be satisfied the prosecution has proved this requirement and therefore the four defendants must be given the benefit of doubt. The charge of riot is dismissed," he said. Katrina Joyce Dixon and Eric Keith Dixon were convicted of violent disorder and sentenced to four months in prison, which was suspended upon the condition the pair entered into a good behaviour bond. Magistrate Stoddart convicted Clifford John Mackay of affray and deemed the five months and eight days that Mr Mackay has already served in prison an appropriate enough sentence. Magistrate Stoddart said he was not convinced Kevin John Carr had thrown a bottle, as alleged by police, and therefore "Mr Carr of course must get the benefit of that doubt." All charges against Mr Carr were dismissed and the young man and his family left Dubbo Local Court enthusiastically punching the air. Supt Smith said it should not be incumbent for police officers to prove the identification of all 12 participants when it was "obvious" more than 12 people took part on the night. "The officers had the opportunity to give their evidence in relation to what occurred on that night. There was a lot of innuendo said in relation to what occurred. "It was very simple - two officers arrested an individual for stealing a motor vehicle and following that a large group of people, up to 150, took part in a riot," Supt Smith said. Speaking to the Daily Liberal yesterday Dubbo MP Dawn Fardell said she was not aware the verdict had been handed down but indicated if there is a flaw in the legislation, it would need to be reviewed. "I will be speaking to police and the minister in regards to this," Mrs Fardell said.