Auckland property developer guilty on ammo possession charge

By BRIDGET CARTER


Auckland property developer Mark Stuart Lyon has been found guilty of unlawfully possessing ammunition but not guilty of unlawfully possessing a pistol.

Lyon, 48, who is also known as Alister Stuart Lyon, had pleaded not guilty to the charges, which were heard in the Auckland District Court yesterday.

He appeared wearing a suit and tie, black and white shoes, rings on his fingers and with his teeth fixed.

Judge Philip Recordon found that Lyon was in possession of explosives, namely ammunition.

But he was not satisfied beyond reasonable doubt that he had a pistol, although he said "the odds are he did have one".

The evidence for the charges related to items found during a police search at Lyon's Mt Eden property in November last year and to statements taken from Lyon.

Lyon's lawyer, Guyon Foley, argued that the police did not have enough evidence to legally carry out the search, and that the statements they took from Lyon were unfair because of his state of mental health.

The court heard Lyon said in the statements that he saw smashed babies' heads and babies in trees and that he spent time with his son in World War II.

Judge Recordon said the statements were "bizarre ... both of which can be explained as experiences in the past and to drug use".

But he said that the rest of the statement provided no evidence of disability or unfairness. The questions seemed to be understood.

Lyon also faces charges stemming from April of unlawful possession of offensive weapons, a pistol and ammunition. A hearing continues today on these charges.

In court, Constable Gavin Bailey said he came across Lyon at a Karangahape Rd petrol station wearing three dagger rings and with weapons, including knives and a pistol, hidden in his clothing. Chains were attached to the knives.

Lyon told him he had knives for his work, which involved a lot of cutting, and to clean pigeon droppings off the floor. He said a friend had come over in the middle of the night and left the pistol for him.

Lyon's lawyer challenged Mr Bailey's claim that Lyon said the pistol was "nice" and "fascinates" him.