A Wairarapa fisherman who shot at burglars fleeing his small rural community has lost an appeal against his conviction and fine.
Garth Gadsby, 61, from Ngawi at Palliser Bay in Wairarapa, was found guilty earlier this year of recklessly discharging a firearm at the burglars' car as it fled the coastal village in September 2006.
In May he was convicted in the Wellington District Court, fined $3000 and ordered to forfeit his shotgun.
Defence lawyer Paul Surridge lodged an appeal on behalf of Gadsby in September saying Judge Jan Kelly made errors in her summing up, in answering questions from the jury and admitting the evidence of a police firearms expert, Inspector Gregory Phillips.
The Court of Appeal decision released today dismissed all three submissions.
"The directions given by the judge, both in her summing up and in answer to the jury's questions, were clear and accurate," the appeal court justices said.
The judges also noted that "Inspector Phillips was undoubtedly qualified to give evidence on the use of firearms by police."
After his conviction in May, Gadsby said he still believed in what he had done and was "really disappointed" with his sentence which he said was disproportionate to the crime.
Supporters donated $12,500 to help fund Gadsby's defence.
