Jockey on firearm charge

Press, Volume CXV, Issue 33883, 1 July 1975, Page 2

Jockey on firearm charge

(N.Z. Press Association) DUNEDIN, June SO. A Dunedin jockey and horse trainer, John Robert Dowling, appeared in the Dunedin Magistrate’s Court today charged with unlawfully possessing a firearm — a shotgun. Dowling was charged as the result of an incident at

his home at Janefield early on the morning of December 8 last year, when he discharged a shotgun into the air from a front window of the house. Dowling pleaded not guilty. He was represented by Mr R. J. Gilbert. After a. four-hour hearing Mr G. J. Seeman, S.M., found that the case had been proven, but because of strong factors, he discharged Dowling without a conviction and

ordered him to pay costs amounting to $BO. Sergeant L. B. Scott, called evidence to show that on the night of December 7, Dowling was at a function in Mosgiel, for owners, trainers, and breeders of racehorses. He was there with 1/s wife, mother-in-law, and sister-in-law. PROVOCATION During the evening, according to witnesses, Dowling was subjected to a series of acts designed to provoke him into a fight. After he left, about 1.45 a.m., he arrived at his home to find a car containing several people parked outside. Three people approached the house and after they, were asked to leave, an argument developed. At this stage Dowling, who said he feared for his safety and that of his family and property, discharged a shotgun into the air from a window. The complainant. David Ernest Reed, a jockey, said he was at the function with his brother, Paul, and a person called Kevin Morton. He said he was talking to Dowling during the evening although he would not say there had been a difference of opinion. The three of them had gone to Dowling’s place after they left the social, as they thought there was a natty on. When it was made clear there was no party they began to leave. As they approached the gate, they heard a gunshot and dived for cover. They notified a traffic officer who was nearbv. THREAT ALLEGED Cross-examined by Mr Gilbert, Reed admitted animosity between him and Dowling over the years. But he said he did not think it correct that he had threatened to kill defendant. He admitted that he had been before the Racing Conference in April last year because of the number of suspensions and fines he had re-

ceived over a short period. He lost his jockey’s licence for six months from February this year. Asked by Mr Gilbert if, on the night of the incident he had been following Dowling and his wife about the hall trying to pick a fight, Reed said he did not think this was correct. He admitted that he and his brother had been warned twice that they would be ejected if they continued their conduct. Asked if he had taken a bottle in his hand when following the Dowlings from the hall, Reed said fie might have been drinking from it. Asked if he had said: “If you can’t get the little bastard, we’ll get the horses,’’ Reed denied this, and said he had not heard anyone say it. NECESSARY Dowling said in evidence that he had thought the action of firing the shotgun was necessary at the time, and that he had intended to frighten the three men otf the property. He was very concerned because of the way he had been threatened before by David Reed. He had recently built new stables worth b 25,000, which that night contained 12 or 14 horses worth about $50,000. The Magistrate said he was satisfied that when all the evidence was looked at, some apprehension was properly felt by defendant as to what had prompted Reed and the others to come up the drive at that hour of the morning. “In my view, the use of any firearm to scare people away, even if they are trespassing or threatening violence, is not lawful.” Although he found the case proven, the Magistrate said, there were exceptional circumstances in mitigation. But he emphasised that this did not mean that the Court approved of the use of a firearm as by defendant.