Acquitted: gun dealer's court ordeal now over

The case attracted the attention of Shooters Party founder John Tingle, who declared that an overhaul of gun legislation was needed and that the Sydney-based squad which brought on the case must “explain why it didn’t get their facts right’’.

Mr Bourke’s Bastille Gun Shop on Victoria Street closed in August last year when he was charged with possessing more than three unregistered firearms without a licence or permit, possessing an unregistered firearm (not prohibited firearm or pistol), possessing a prohibited weapon without a permit and not keeping a firearm safely (not prohibited firearm or pistol).

But yesterday, at his hearing in Dubbo Local Court, two of the charges were withdrawn.

One was the possession of unregistered firearms, involving guns which were later found to be registered. The other withdrawn charge was one that was laid in error, Mr Bourke’s solicitor Stephen Mainstone said outside court yesterday.

Mr Bourke was acquitted of the charge of not keeping firearms safely. He had kept them stored in the shop’s roof cavity.

The gun dealer also avoided penalty for the charge of keeping disarmed inert hand grenades in a public display case in his shop.

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Magistrate Andrew Eckhold referred to the charge as “trivial” by nature and involved “no criminality”.

Mr Eckhold said he had every reason to believe that Bourke had a lifetime permit to possess the grenades and that he was unaware of changes to the legislation that lead to the charge being made.

A large contingent of family, friends and Shooters Party members filled the public gallery to hear Mr Eckhold’s ruling.

“Perhaps police need to give advice to the firearm dealer in relation to the security of the roof,” Mr Eckhold said.

An application for costs later proceeded but none was awarded.

Mr Mainstone described his client’s ordeal as “devastating”.

He said the 78-year-old would like to re-open his popular business but his health and income had suffered because of the ordeal.

“This has put an enormous amount of stress on him and his family involving the loss of income because the premises is closed and remains closed down,” Mr Mainstone said.

The solicitor said there was a problem with the breakdown of communication between police, the dealer and the firearms registry.

Mr Mainstone said Mr Bourke was not given time to provide records and serial numbers for the various firearms involved in the charges but had been able to find the information later.

“The investigation was unreasonable,’’ he added.

Shooters Party founder, former politician, broadcaster and journalist John Tingle said gun laws must be changed.

“This trial should never have happened,” he said.

“It demonstrates that firearm laws in this country are confusing and loose.

“It’s about time we changed the laws so that innocent people don’t risk their livelihoods simply because the law is an ass.”

Mr Tingle, who acts as vice chairman of the Shooters Party, said a major inquiry into the way police handled the investigation was necessary.

“Proper investigation of this case would have shown that they didn’t have a case, “ he said.

“Police need to explain why they didn’t take the time to get their facts right.”

The seizures were conducted as part of a state-wide audit of firearm compliance, conducted by Sydney-based Strikeforce Dareen. In August, former Member for Dubbo Dawn Fardell criticised the squad for its conduct in relation to Mr Bourke, saying “police were targeting the wrong people’’.

Police prosecutor Allan Treadwell said “greater clarity” in the law about what constitutes safe keeping of firearms was needed.

“So that there is no conflict between police or anyone else,” Mr Treadwell said.

The Port Arthur massacre in 1996 transformed gun control legislation in Australia.

The proposals included a ban on all semi-automatic rifles and all semi-automatic and pump-action shotguns, and a tightly restrictive system of licensing and ownership controls.