May 28, 2008

Musician's suppression lifted on Arms Act charges

By David Clarkson

After eight months, interim name suppression has been lifted on a musician, Bernard David Shapiro, who is before the Christchurch District Court on charges under the Arms Act.

He has had suppression since an application for it was made last year. It was refused, but the order has effectively remained in place while a series of appeals were heard.

The suppression on Shapiro?s name and occupation were lifted at a hearing before the Court of Appeal in Christchurch today, but interim suppression remains on some other aspects of the case until a written decision of the court, expected shortly.

The submissions at today?s hour-long hearing were also suppressed, but defence counsel Jonathan Eaton abandoned the bid for name suppression.

The lifting of part of the order means that the media can now report details of a fixture heard yesterday in the district court, before Judge John Cadenhead.

The judge reserved his decision at the end of the day-long hearing and will deliver it in August.

Shapiro pleaded not guilty to all the charges.

Police prosecutor?Nigel Wolland told the court that a search warrant had been executed at Shapiro?s house on March 29 last year, seeking ammunition and firearms.

He said the police team had found two military flares, a smoke grenade, a thunderflash explosive, part of an anti-personnel mine, eight sticks of powergel explosive, a grenade launcher, and two military-style semi-automatic firearms.

The court heard evidence from a police armourer and a defence expert about whether the armaments complied with the terms of the firearms licence that Shapiro held.

It also heard that the grenade launcher could not fire any grenades available in New Zealand, and issues were raised about modifications that had been made to the military style weapons and whether they fully complied with the regulations for use as sporting weapons.

The defence also said that Shapiro had obtained some of the material from a licensed firearms dealer and had been assured that it complied with the terms of his licence.

He co-operated fully when the police arrived to carry out the search.