Man with loaded gun re­fused bail

Whitsunday Times - - LOCAL NEWS -

A 47-YEAR-OLD man who was sleep­ing with a loaded hand­gun in a pil­low­case on his bed was re­fused bail in the Proser­pine Mag­is­trate’s Court this week.

Marc Alexan­der Stu­art was brought to court in po­lice cus­tody on Mon­day charged with two counts of un­law­fully pos­sess­ing weapons, two of pos­sess­ing danger­ous drugs and one each of pos­sess­ing drug-re­lated uten­sils and pos­sess­ing ex­plo­sives with­out the re­quired au­thor­ity.

Duty lawyer Sher­rie Meade said Stu­art wanted to plead guilty to the charges and have them dealt with straight away. She said he had busi­ness ar­range­ments that needed to be ur­gently ad­dressed that day.

Mag­is­trate Haydn St­jern­qvist was re­luc­tant to ac­cept the plea say­ing he be­lieved the charge fell within the ju­ris­dic­tion of a higher court and car­ried a manda­tory oneyear prison term. He also noted the as­so­ci­a­tion be­tween weapons and drugs.

Po­lice pros­e­cu­tor El­iz­a­beth Smith ten­dered Stu­art’s crim­i­nal his­tory and read the facts.

She said at 10.30am on Au­gust 3, po­lice from the Whit­sun­day Crim­i­nal In­ves­ti­ga­tion Branch (CIB) ex­e­cuted a search war­rant at Stu­art’s Can­non­vale ad­dress, find­ing a loaded Mag­num .375 hand­gun in­side a pil­low case on the bed where he was sleep­ing.

She said Stu­art was not li­censed to pos­sess this weapon and did he hold a li­cence for the air pis­tol or air car­tridge pel­lets found in a cup­board.

Po­lice also found 12 LSD tabs in­side a woman’s purse and a brown bowl con­tain­ing one gram of chopped up cannabis.

Stu­art was ar­rested and trans­ported to the watch house. A 36year-old woman im­pli­cated in the search was also charged with of- fences un­der the drugs mis­use act.

Af­ter hear­ing these facts, Ms Meade per­sisted with Stu­art’s ap­pli­ca­tion for bail which was of­fi­cially ob­jected to by the prose­cu­tion.

Ms Meade sub­mit­ted the weapons had been seized and there­fore Stu­art could not be con­sid­ered a dan­ger to the com­mu­nity.

She said there was a rea­son why he had the guns, “but it wasn’t for per­sonal pro­tec­tion”. Mr St­jern­qvist did not agree. “It is laugh­able for him to sug­gest to you, in the cir­cum­stances where he’s got a loaded .375 Mag­num gun in or around his bed, that he is not in fear of some­one or some­thing,” he said.

Mr St­jern­qvist said for Stu­art’s own wel­fare and the se­ri­ous na­ture of the of­fences, bail was re­fused.

The mat­ter was ad­journed for one week and Stu­art was told his per­sonal ap­pear­ance in court would be re­quired.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.