Ex-soldier faces jail for handing in gun
 

The thing what gets me is, why didn't he just call 999 and tell them instead of the Chief Superintendant?

http://www.thisissurreytoday.co.uk/n...l/article.html

Re: Ex-soldier faces jail for handing in gun
 

Well that law is an ass. You find a gun and hand it in you are guilty of posession no matter what. Well I know what to do now if I ever find a gun

This is very disturbing. Would not the fact that the weapon was in his garden put him in posession if it?

Re: Ex-soldier faces jail for handing in gun
 

He can only hope for jury nullification or someone uses common sense.

To avoid any misunderstanding. you'll be better off throwing it out onto the street while nobody's looking. let somebody else have the problem.

Re: Ex-soldier faces jail for handing in gun
 

Has there been any explanation as to what the gun was doing in his garden in the first place?

Re: Ex-soldier faces jail for handing in gun
 

He should`ve called the police whatever his best intentions. Silly boy.:erm:

---------- Post added at 22:53 ---------- Previous post was at 22:52 ----------

If the guy threw it into the street Gary, don`t you think that the wrong person or a child may have picked it up? :rolleyes:

Re: Ex-soldier faces jail for handing in gun
 

Were it could go off or a child could pick it up ? I understand your point and tbh this is really, really stupid if the storey is 100% true. I find it very disturbing if it is.

---------- Post added at 22:54 ---------- Previous post was at 22:54 ----------

Beat me to it :)

Re: Ex-soldier faces jail for handing in gun
 

I'd tell the jury I would have been better off throwing it in the street, if I'd have known I'd be in all this trouble. obviously I wouldn't. and I wouldn't advise throwing any found shotgun into the street :dozey:

Re: Ex-soldier faces jail for handing in gun
 

I don't believe there is not more to this story.

Members of the public handing in firearms to the Police for disposal isn't exactly a rarity and for him to be done for possession is very puzzling.

Re: Ex-soldier faces jail for handing in gun
 

I think it's odd because

"I didn't know what to do, so the next morning I rang the Chief Superintendent, Adrian Harper, and asked if I could pop in and see him."

"At the police station, I took the gun out of the bag and placed it on the table so it was pointing towards the wall."

Did he mention he had a shotgun on any of those occasions?

Re: Ex-soldier faces jail for handing in gun
 

lets see what the Judge does with the sentence

but he should have just dialed 999 and waited by it

Re: Ex-soldier faces jail for handing in gun
 

It's a little late for jury nullification... the jury has already found him guilty.

From your original quote:

Re: Ex-soldier faces jail for handing in gun
 

I think Derek is right that there is more to the story..I hope it wasn't a case of making the crime stats look good though.:(

Re: Ex-soldier faces jail for handing in gun
 

Thats what I was thinking. We probably don't know the whole story yet....

Re: Ex-soldier faces jail for handing in gun
 

I's agree there's more to this than meets the eye as well - it's been a long time since I worked for the police but from what I can remember, ringing up the local Chief Super and getting a meeting with him for the next day without giving an idea what it's about would be pretty much impossible. Disctrict Nurse yes, Chief Superintendent no.

Re: Ex-soldier faces jail for handing in gun
 

Also the jury did have the absolute power to acquit him even though the crime is a "strict liability" or whatever. The fact they only deliberated for 20 minutes means they probably didn't even try.

Re: Ex-soldier faces jail for handing in gun
 

I find the following quote to be rather disturbing....

Re: Ex-soldier faces jail for handing in gun
 

Hmmm, change the law and see a load of guilty people walk, or make a single innocent man suffer..Surely the police should have "lost" evidence in this one so the CPS couldn't proceed.

Make me wonder what I would have done.. Leave it in a low wall garden for the original criminal to return and recover or even worse a kid to climb over retrieving his/her ball and find... or pick up the weapon, make it safe by unloading and then put it securely away until the police came.. It's not as though him (or even myself) isn't qualified to make the weapon safe...

Re: Ex-soldier faces jail for handing in gun
 

Its ok as long as you aint the single person( think you are being sexist here inferring only men use guns lol lol ;))

Now I have seen this story and had this law highlighted I would not touch the gun I would call the old bill sit with a camera and if someone comes to get it take a photo.

This does seem to be a stupid law guilty or guilty think it does need changing. There may well be a reason why this law has been used on this bloke but seeing as the guilty verdict has been passed all the trial info should be available surely?

Re: Ex-soldier faces jail for handing in gun
 

Where was I being sexist?? I only used "man" in reference to this one case in other words "a single innocent man" as it's the only case we've ever heard of.

Personally I wouldn't like to see the law changed as that opens up a defence in court, this though should never have gone as far as court.. As it's a slam dunk the CPS will always prosecute but how far do the police go in voiding a case like this and still stay within the law..

Derek can you personally think of any way as to what a police force could have done to prevent the case getting to court?

Re: Ex-soldier faces jail for handing in gun
 

Plenty of ways but none that wouldn't involve someone getting shafted for it. Once the report goes to the CPS it gets difficult.

I still think there is more to the story than has been reported.

Re: Ex-soldier faces jail for handing in gun
 

If there is then I'm sure that now the story has gone viral it'll soon pop out

Re: Ex-soldier faces jail for handing in gun
 

FFS didnt the lol lol ;) give it away as a joke? I give up

Re: Ex-soldier faces jail for handing in gun
 

The thing with "strict liability," is that is does not allow a defence of ignorance, nor does "mens rea" need to be proved. This is what he court os using as a means to prosecute. There has to be something more to this case and I am puzzled as to why we are not being given the full facts.

---------- Post added at 13:42 ---------- Previous post was at 13:36 ----------

Going by that assumption, one would have to assume that he has some knowledge of firearms regulations and what dangers the gun could have presented, whilst transporting it to the police station. But we still don't know what it was doing in the garden in the first place. It is a strong probability that the gun had been used in a criminal act, at some point and this person was connected to that incident, but this is the only crime they can prove he is guilty of. A bit like tax evasion for Al Capone (not suggesting that this person is of that same league, but just as an example).

---------- Post added at 13:44 ---------- Previous post was at 13:42 ----------

I can't find anything on it, except a couple of local news sites.

Re: Ex-soldier faces jail for handing in gun
 

It's on 90% of the forums/mailing lists I frequent and got it via email 3 times

Re: Ex-soldier faces jail for handing in gun
 

I'm gonna be a dumbass and say it, he requested a meeting with the Chief Superintendent because he has a personal vendetta against him for the reasons not known to me. He placed the gun with the barrel facing the officer(s) (not known how many) as a threat.

The above are not facts;
also found a news piece http://www.getsurrey.co.uk/news/s/20...onduct_charges

Re: Ex-soldier faces jail for handing in gun
 

On the face of it this story makes no sense and therefore i also believe there is more then we know and if and when that comes out there might be a debate to be had. While i personally would have just kept an eye on it and called the police i cannot understand the reasoning to take a shotgun to a police station if you know the super and not mention thats the reason your coming.

Re: Ex-soldier faces jail for handing in gun
 

Looking online there seems to be no stories which show any side other than what we are hearing. That he found a gun, took it to the police, and hence was done for possessing a firearm.

Someone made the point that for the period of transport, i.e walking to the police station, he was carrying a loaded weapon and therefore was in possession which could have been dangerous but that argument would only work if police apprehended him before hand. I.E How could he prove he was heading to the station with it and not simply carrying a shotgun around. In this case he went right to the police.

I honestly do not understand how it went this far? With neither the Police, CPS, or Judge seeing how crazy it was. I hope there is more to the story...

Re: Ex-soldier faces jail for handing in gun
 

Apart from this.

http://www.thisissurreytoday.co.uk/g...l/article.html

Re: Ex-soldier faces jail for handing in gun
 

Would appear that Derek was right...However one is now wondering how deep is this can of worms.:erm:

Re: Ex-soldier faces jail for handing in gun
 

An opinion on this...

http://jackofkent.blogspot.com/2009/...s-shotgun.html

Re: Ex-soldier faces jail for handing in gun
 

But is this the same Paul Clarke?

Re: Ex-soldier faces jail for handing in gun
 

Unless there are two Paul Clarkes in Merstham, both aged 27 this year, then yes, it is the same person.

Re: Ex-soldier faces jail for handing in gun
 

So that really goes to my theory in an earlier post, regarding the Capone prosecution. But it seems, as he is known to the police, it is probably all they could prove.

We had a rather distasteful neighbour in our street, almost any crime in the area that was committed, he was connected to. Any anti-social behaviour, it was he who was at the centre of it. For example, setting of display fireworks at three o'clock in the morning, in the middle of the street. Unfortunately none of his closer neighbours would dare stand up in court as witnesses to his activities. He was caught then with not exactly a large quantity of cannabis, but he was sentenced to the maximum four years in prison.

Re: Ex-soldier faces jail for handing in gun
 

Yes, that was my first thought as I read the DVLA story. It seems the police and CPS are peeved that he won an appeal against his conviction in that case and have therefore thrown the book at him at the next available opportunity.

Re: Ex-soldier faces jail for handing in gun
 

That wasn't really the intention of my post. It is very possible that he has a history of these things and he is just very good at getting away with them.

However, that said, we still don't know the full facts of this story, such as what was the history of the weapon and how it came to be in his garden.

Re: Ex-soldier faces jail for handing in gun
 

My thoughts are that he might have form for trying to get attention and the 'Oh look I've found a shotgun' I'll take it to the Police was a shotgun he obtained himself.

Seems a bit too eager to do his bit. The whole story reminds me of the ex-soldier who allegedly rescued the cop in Manchester when he fell over and started getting a kicking from some rangers fans.
He got done with wasting Police time a few months later when he made up a story about jumping into a canal to rescue someone, when the Police turned up the person he 'rescued' had run off and all his clothes had miraculously dried.

Re: Ex-soldier faces jail for handing in gun
 

I think it all points to him seeking attention. anybody else would call the police if they found a gun. all his actions were out of the ordinary.

he left it till next day, and made an appointment without telling them what for? if they knew he was wanting to bring a gun they would send them straight round before he got off the phone.

it sounds like it was still a secret even when he turned up at the police station. they had to wait till he opened the bag to find out what it was. anybody else would have said.

Re: Ex-soldier faces jail for handing in gun
 

Well he avoided being put inside.

http://news.bbc.co.uk/1/hi/england/surrey/8421485.stm

Sounds like he has had a good few run ins with the law before.

Re: Ex-soldier faces jail for handing in gun
 

ah well if this hasnt brought him enough fame i expect we will see him on a reality show soon