Firearms and cannabis charges

Ruapehu Bulletin, 24 June 1997, Page 10

Firearms and cannabis charges

Colin William Foster, 44, market gardener of Ohakune, appeared for sentence on four firearms charges and one charge of cultivating cannabis. He had pleaded guilty to all charges at last month's hearing and had been remanded for a probation officer's report and sentence following his arrest when police conducted a search of his property on 17 January. In mitigation, his counsel Wayne Heedegen, said his client had "stepped out of character" and that there was no sinister connection between the illegal possession of four handguns and

the cultivating of cannabis. He explained that Foster had been a licensed holder of sporting guns for a number of years and was a keen collector of WWII memorabilia. There was no ill-intent or malice associated with the WWII pistols and revolvers. In relation to the charge of cultivating cannabis court hear that Foster had been trying to cope with the death last year of his father who had been head of the family. It was his way of dealing with the stress. Judge Ross, in passing sentence, said he did not agree that there had been no sinister connection between the two charges, particularly when it was discovered that one of the handguns (a 9mm semi-auto-matic Ruger pistol) was loaded when found by police. Nor did he accept that the failure to register the firearms had been an "oversight" because, as a licensed holder of other legal firearms, Foster must have known what was required to obtain the neces"sary documentation. The handguns had been in Foster's possession for 3-4 years which should have been ample time to have

them registered. Judge Ross also expressed concern that the guns had not been stored securely in accordance with the firearms law. He explained that had it not been for exceptional circumstances, the possession of firearms and cannabis usually resulted in a jail term for the offender but, after considering a number of "exoellent references from well-respected members of this community", it was decided that the penalty would be one of fines rather than a custodial sentence. On the charge of failing to register the firearms Foster was convicted and fined $1000, court costs $95, and on each charge of possession of the firearms he was convicted and fined $200, court costs $95. . Foster requested that instead of ordering the firearms to be destroyed (as is the usual practice) they be donated to the QEII Army Museum in Waiouru and Judge Ross agreed that this option be investigated to see if the museum wanted them.