Soldiers’ use of arms ‘not justified’

Press, 28 May 1981, Page 8

Soldiers’ use of arms ‘not justified’

The use of firearms could be justified only as a measure of last resort to avert serious or real threats to persons or property, said Judge Frampton in the District Court yesterday. He convicted two Burnham soldiers on a charge against each of discharging a .303 rifle near a public place, the Hororata Road, Dunsandel. so as to endanger, annoy, or frighten members of the public, in the early hours of March 15. The defendants were William Ward Campbell and Ross William Lawson, both aged 22. Campbell was also convicted on a charge of presenting a .303 rifle at a woman, aged 23, in the country cottage which he rented, earlier on the evening of the other incident. A third soldier, Nicholas James Bassett, aged 22, was convicted on a charge, of presenting a .22 rifle at the woman. On the rifle discharging offences Campbell and Law-

son w’ere each fined $lOO. Campbell and Bassett were each fined $l5O for presenting firearms at the woman. The Judge also ordered the forfeiture of three rifles found by police in the cottage. Prosecution evidence in the case was that one of a group of young Dunsandel residents drinking at the Dunsandel hotel had told the defendants to keep awav from his sister, aged 17, who he had seen in the hotel with them. The group was outside the hotel as the soldieirs left, and their car was stoned and a window broken. Later, members of the group drove to the cottage rented by Campbell to talk to Bassett about'the incident at the hotel. . Stones were thrown on to the cottage roof. Rifle shots were fired into the air by two of the defendants. Campbell • told members of the group to come out of the ditch in which they took shelter, and

they were invited inside and drank with the defendants. The incident in which the rifles were presented at the woman was said in evidence to have occurred soon before the arrival of the local group. The woman said she had lived with Bassett in the cottage for a fortnight but learned that evening she was no longer wanted. She was threatened with a sexual assault when they arrived home and took a bayonet from the room for protection. placing it in the bed. She claimed in evidence that Bassett and Campbell had then aimed rifles at her. to make her give up the bayonet. and she had been ordered to pack up .and leave the property. Campbell denied in evidence having pointed the rifle at the woman and said in relation to the other incident that they knew the local group "were after our blood.” They decided to arm themselves because they thought the group would come because it w’as not

happy to let the matter rest after the publican had broken up the incident at the hotel. Lawson said in evidence that the attitude of the group towards them at the hotel was threatening. He thought they had driven out to the cottage to punch up the defendants. He and Campbell had fired rifles into the air to keep the noise going. All they wanted was for the gang to leave. Bassett said their intention in taking up the rifles was to protect themselves and other occupants, including a babv in the cottage. He said in regard to the incident with the woman in his bedroom that if he pointed the rifle in her direction it was to scare her. as she had a bayonet in the bed. He thought she could have knifed them. Bassett said he and Campbell were more preoccupied with the cars of the local group,, which drew up in their driveway about that time. I