A man wandering around with an air pistol and a radio tuned to the police frequency has "all sorts of sinister connotations", Judge Michael Turner said yesterday.
Judge Turner referred to Jamie Mathew Sutherland (24), an unemployed English national living in Frankton, who admitted in the Queenstown District Court carryinga firearm - an air pistol - in a public place except for some lawful purpose, on Lower Stewart St on March 2.
Prosecuting Sergeant Ross Hutton told the courtSutherland was near the Lower Stewart St and Yewlett Cresc intersection, a suburb where many families lived and a preschool was nearby.
Sgt Hutton said a witness who was familiar with pistols saw the defendant pull the weapon out from the right-hand side of his trousers and look about before walking on towards the Frankton Motor Camp.
The witness, disturbed by the defendant's manner, described as being "suspicious", and his possession of what the witness believed to be a genuine firearm, called the police.
Sutherland called for an ambulance and told the call-taker he had shot himself with an air pistol. Attending ambulance officers noticed a small red welt on his right thigh consistent in size with an airgun pellet.
The defendant became aware police were proceeding to his location and walked towards Queenstown along Frankton Rd.
He was met by responding armed police and told to get down on the ground. The defendant failed to do so and began reaching for a lump concealed under his shirt on the right-hand side of his body.
The defendant was taken to the ground and arrested.
Sutherland "vehemently denied" he had been in possession of a pistol. He said he had been the victim of a drive-by shooting and described a red saloon car which had fired at him as it passed by, Sgt Hutton said.
A search of the defendant located no weapon. The lump under his shirt was the digital scanner which was still broadcasting the police frequency.
Sutherland maintained he did not own or possess a pistol, airgun or otherwise, and was the victim in the matter.
A warranted search of his home found airgun pellets and an empty mobile phone box clearly used for target practice.
Judge Turner convicted and remanded Sutherland for sentencing on April 23. Bail was to continue and he was not to possess any firearms.
