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Home / New Zealand

Man stands by actions after shooting sentence

NZPA
27 May, 2008 12:06 AM3 mins to read

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Garth Gadsby was convicted of the vigilante act. Photo / Wairarapa Times Age

Garth Gadsby was convicted of the vigilante act. Photo / Wairarapa Times Age

KEY POINTS:

A fisherman who shot at a vehicle driven by fleeing burglars still believes what he did was right and is disappointed with his sentence.

Garth Gadsby, 61, was ordered to pay a $3000 fine and to forfeit his shotgun when he appeared before Judge Jan Kelly in Wellington District Court today.

In April, a jury found Gadsby guilty of recklessly discharging a firearm at the burglars' car as it fled the Wairarapa costal village of Ngawi in September 2006.

Outside the court today Gadsby said he still believed in what he had done and was "really disappointed" with his sentence.

Defence lawyer Paul Surridge had asked the judge to discharge Gadsby without conviction.

Gadsby said the sentence would not affect him in the short-term but may put an end to his plans to take a world trip with his wife.

He said the sentence was disproportionate to the crime and said Ngawi, and "heaps" of similarly isolated communities were no better off in terms of security.

"I'd like to thank the community of Ngawi and the people around New Zealand that have supported me."

Supporters donated $12,500 to help fund Gadsby's defence.

Asked if he would appeal Gadsby said he would have to "see what happens".

Judge Kelly said Gadsby had fired the shotgun with reckless disregard for the safety of the occupants of the car.

She said suspecting the people in the car were responsible for the burglary of his friend's house, Gadsby got into a car with his shotgun and ammunition and while another friend drove at speed he shot at the tyres of the alleged burglars' car.

"You have maintained your innocence since the jury decision of guilt and have shown no remorse."

Judge Kelly quoted from media reports in which Gadsby said he believed he had done the right thing.

She said while a conviction may limit Gadsby's travel plans that was a "moderate consequence".

"An aggravating factor is that you took the law into your own hands with premeditation."

Gadsby had no previous convictions and made significant contributions to the community as a search and rescue and fire service volunteer, Judge Kelly said.

She said the sentence had to denounce Gadsby's actions and deter anyone else from similar use of a firearm.

Mr Surridge said Gadsby had done "what he thought was the right thing" and said a firearm charge could make it difficult to travel, especially to Canada and the United States.

Crown prosecutor Grant Burston said Ngawi was one of many rural settlements in the Wairarapa and was "not the Wild West".

"He (Gadsby) still believes he did the right thing and shows no remorse.

"A conviction should be given and the immigration authority of the country to which the accused intends to travel can decide whether the conviction is relevant."

A number of supporters were in court to support Gadsby.

- NZPA

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