Man jailed for passing on ‘escape’ pistol

Press, 10 December 1983, Page 4

Man jailed for passing on ‘escape’ pistol

A Christchurch businessman who was convicted in the District Court last month for what Judge Fraser termed his part in a scheme to get a pistol sent from Auckland to a remand prisoner at Invercargill prison to facilitate the prisoner’s escape, was yesterday jailed for nine months on the charge of possession of the pistol, and an additional four months imprisonment on four drugs charges. The Judge had termed the defendant, William Douglas Oldham, aged 36, an advertising agent, an intermediary in the scheme, in which a .22 cal. Browning semiautomatic pistol was sent from Auckland by Richard Graham Morgan (now serving a prison sentence), to Christchurch airport, consigned by Oldham to Invercargill airport, and picked up by a woman who was intercepted by the police before she reached Invercargill prison to deliver it to Alistair John Barr. Barr was on remand at the time, July 19, on a charge relating to the $106,000 Lumsden bank robbery. After a defended hearing the Judge had convicted Oldham on November 25 on a charge of unlawful possession of the pistol, but dismissed a charge of using the pistol to prevent the lawful

detention of Barr. Oldham had been remanded to yesterday for sentence on the weapons charge, and on charges of possession of cannabis (12 grams) and permitting his premises to be used for smoking cannabis, both on May 3, and possession of cannabis (28 grams), and having a pipe for smoking cannabis, both on August 3. In imposing sentence yesterday, the Judge said the possession of the pistol was a serious offence, and the circumstances were aggravated by the fact that a silencer, and ammunition were sent with the weapon and were intended to reach Barr, to facilitate his escape.

The Judge mentioned the grave consequences if the scheme had succeeded. A sentence had to be imposed which would deter others who might be tempted to carry out similar schemes.

However, the Judge said he could make a distinction in sentencing between Morgan, who had a much more serious criminal record, especially for firearms offences, and Oldham. Morgan had been jailed for two years in a four-year term, for possession of the pistol. The Judge said Oldham was capable of running

a successful business if he put his mind to it, and was responsible for two children.

Dealing with the drugs offences, the Judge said a dominating factor was Oldham’s continued offending with drug possession. Any lesser sentence than imprisonment would amount, in effect, to approving of his use of drugs. The Judge referred to submissions by defence counsel (Mr M. J. Glue), backed by medical reports, in support of Oldham’s regular use of cannabis, contending it gave him relief from the spastic condition from which he suffered.

The Judge said the weight of medical opinion was against that view and Oldham’s application to the Health Department to have its use medically prescribed for him had been refused.

He said he did not accept Oldham’s bona fides in this regard, evidenced by previous offences of having possession of cannabis for supply to others. The Judge said the Court must make it clear to Oldham that if he continued to commit offences against the Misuse of Drugs Act, he would continue to be sent to prison. Mr Glue, in submissions in mitigation of penalty, had sought a sentence of periodic detention rather

than imprisonment. He submitted testimonials on Oldham’s behalf, and referred to his business ability and other qualities. He said Oldham was a family man and a devoted father. He was concerned for the welfare of his two young school-aged daughters.

Mr Glue said Oldham suffered from a spastic condition, a form of paraplegia, and could not relax his leg muscles. He found marijuana to be a relaxant and was a considerable user of this drug.

Oldham was not a “Mr Big” of the drug world, and this was borne out by the fact that he had relied on Morgan for his supply. Morgan was deeply involved in the drug world. Mr Glue said Morgan had been the principal offender in relation to the pistol charge. Oldham’s part was relatively minor, and was carried out in accordance with telephone instructions from Morgan.

In addition to nine months prison term for the weapon offence, Oldham received prison terms totalling two months for the drug offences in May, and two months for the August offences, all cumulative on the major sentence — a total of 13 months.

Sergeant G. C. Jones made submissions for the police.