Arms charges dropped
Rangiora reporter
Eleven charges of the unlawful possession of pistols were I dismissed against a Waipara minister of Religion by Judge Hattaway in the District court in' Rangiora yesterday. Douglas i Alexander Metcalf, aged 67 (Mr Nigel Hampton),. ( had pleaded not guilty to the charges. Judge Hattaway dismissed the charges after submissions by Mr Hampton at the end of the prosecution case. Mr Hampton said that the prosecution had failed to establish a prima facie case.
The Judge said that the police had obtained the evidence unlawfully.
The defendant’s home had been searched, and the weapons seized without the police complying with relevant sections of the Arms Act. i
Also clear from evidence was that at least five of the pistols were antiques, which did not require a special endorsement on the defendant’s category A licence. Antique pistols are not capable of being fired with ammunition that is at present on the market. The Judge said that the defendant had unwittingly become unlawful when an outlet in Timaru imported ammunition that was capable of being used in some of the pistols that were about 100 vears old.
He said that the police had entered Dr Metcalfs home bn October 23 last year, during a search of the Camp David. Waipara, property, on a warrant issued under the Summary Proceedings Act.
The search was not related to Dr Metcalf, but related to property that had been the subject of a claim to an insurance
company. !’ The Judge said the pistols were discovered during the search, and’ while one constable continued to search Dr Metcalfs home another went to radio Christchurch jto obtain a warrant under the Arms Act. : The warrant was not sighted at Waipara during the search, and there was ho way of knowing Whether this was in place when the constable searched Dr Metcalfs (home and seized the pis(tols, he said. Judge Hattaway said he found that the evidence was unlawfully obtained, that the exhibits were seized unlawfully and that there was no case to ( answer. He dismissed an appli- ; cation by Mr Hampton for costs because the prosecuj tion had bought the charges in good faith and these had been dismissed on a technicality. I
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Press, 29 April 1988, Page 12
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370Arms charges dropped Press, 29 April 1988, Page 12
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