Firearm case thrown out of court
A GAETA man accused of threatening violence by firing a gun has had his court case thrown out, due to a lack of evidence to send the matter to a higher court.
Philip Mervyn Henricks, of Edmunds Road, appeared at a hearing in Bundaberg Magistrates Court yesterday charged with threatening violence with a firearm and illegally entering a premises.
Police prosecutor Sergeant Robyn Shapcott said Henricks had gone to another Edmunds Road property while the residents and neighbours were fighting a fire and was asked to leave.
Sgt Shapcott said he had left, but returned later and fired shots towards the group fighting the fire.
A number of witnesses were called, but none had seen Henricks with a gun.
Witness Kevin Neylon said the car that had returned when shots were fired was the same one Henricks had been in when he first arrived at the property before being asked to leave.
Sgt Shapcott said a bullet cartridge had been found on the property but they had not been able to match it to any weapons.
No weapons were found on Henricks’s property, despite two police searches.
Defence lawyer Nick Larter said he found the prosecution’s case “very weak”, especially considering the firearm was never found.
“No one has been able to say that Henricks had a gun,” he said.
“My submission is that this whole thing has been a waste of time.”
Magistrate Jennifer Batts dismissed the case on the grounds there was not enough evidence.
“To say that the evidence was sketchy would be pretty high,” she said.