Imitation machinegun toted legally

Press, 29 January 1986, Page 4

Imitation machinegun toted legally

A man who carried an imitation machine-gun under his greatcoat among Friday evening shoppers in the Shades shopping precinct last July succeeded in a hearing in the District Court yesterday in establishing that he had had it for a lawful purpose.

Evidence was that Kevin John Mesman, aged 20, a pastry chef, now of Cobden, had been apprehended at revolver point by a police sergeant, with the imitation weapon carried under his greatcoat, on the mezzanine floor of the Shades on the evening of July 5. Mesman, represented by Mr T. W. Fournier, had denied the charge of carrying the imitation

weapon without lawful excuse.

After hearing all evidence in the case Judge Pain said he had no reason to disbelieve Mesman’s evidence, given in Court and also to the police sergeant, that his only reason for bringing the imitation weapon into the city was to sell it. He had been to a sports shop but there had been too many customers in the shop. The Judge said that although Mesman’s reason for carrying the imitation weapon was a legitimate purpose, Mesman had been extremely stupid in going about it in a way that was likely to cause concern and even panic. “He finds himself in his

present situation because of the very foolish way he went about this,” the Judge said. Earlier in the case, the Judge dismissed a charge against Mesman of carry-' ing an offensive weapon, a folding knife, at the same time as he was apprehended with the imitation weapon. This charge was dismissed at the completion of the prosecution’s case, after submissions by Mr Fournier that there was no case to answer to this charge. The Judge held that Mesman’s carrying of a commonly manufactured pocket knife in the circumstances did not amount to his carrying an offensive weapon.