CHARGES against Bathurst man Luke Johnson will proceed to trial following a committal hearing in Bathurst Local Court yesterday.
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Mr Johnson, 27, of Oaklands Drive, who has been charged with more than 30 firearms, ammunition and drugs charges will appear before the District Court on October 12.
Yesterday Mr Johnson’s legal counsel challenged whether a jury, properly instructed, would find the defendant guilty beyond reasonable doubt.
Legal argument was focused on the circumstantial nature of evidence against Mr Johnson.
“Placing a 27-year-old man on trial in these circumstances would be inappropriate,” Mr Hutchings told the court.
However, Crown Prosecutor Anne Bromfield said a jury could easily be satisfied Mr Johnson had access to the storage shed where the weapons and ammunition were found.
“It is appropriate to commit Mr Johnson to trial.”
In making his decision, the magistrate said the prosecution brief of evidence had been referred to as circumstantial.
“What that means is no-one saw, or there was no direct evidence of, Mr Johnson entering the shed,” he said. “When he was spoken to by police he denied ever accessing the shed and supplied the names of people with access.
“We heard the police say there was no fingerprint evidence and no DNA evidence linking him to the items.”
Mr Allen said, in summary, the defence put forward the argument that there was a very weak circumstantial case against the defendant.
He said the Crown case centres on two items – a beige locker and black bag, with keys capable of unlocking these items located in the accused’s bedroom.
He said, in addition, the prosecution is relying in no small way on the evidence of Charlie Dodds (the man who leases the storage locker in which these items were found).
Mr Allen said Mr Dodds gives an account of the accused having access to this storage locker.
He said the Crown also relies on the evidence of an expert locksmith that the keys found in the defendant’s possession show wear patterns and unique markings linking them to the padlocks located by police on the beige locker and black bag.
Mr Allen said after considering both submissions he was satisfied the test had been made out and listed the matter for trial.