David Adam Whillans in court on weapon, evasion charges

A Bundaberg man with a history of weapons offences found himself in custody and charged with possessing an illegal semi-automatic gun after police found it in his mother’s storage shed. Here’s what happened in court.

A Bundaberg man fighting to be released on bail told the court an illegal assault rifle found in his mother’s storage shed had belonged to his late father, not him.

Police found the military style SKS semi-automatic rifle that resembled an AK-47 when they executed a search warrant on the hired shed in relation to another matter.

David Adam Whillans, 51, appeared via custody in the Bundaberg Magistrates Court this week, to show cause why he should be released on bail.

The court heard his criminal history included possessing expandable batons, tasers, throwing stars, a handgun, a shotgun and rifles.

At one time he was even found with a homemade “spring-loaded” firearm, it heard.

When police found the semi-automatic weapon, they charged Willans with unlawful possession of a weapon, category D/H/R.

Appearing by videolink, Whillans denied being the owner of the firearm, saying it had belonged to his late father, and on Monday, his application for bail was initially rejected by Magistrate John McInnes.

The manager of the storage facility had overheard Whillans screaming over the phone to his mother that nobody could look in the shed, the court heard, though no evidence could be offered that it was definitely Whillans on the phone.

David Adam Whillans, 51, appeared via custody in the Bundaberg Magistrates Court this week, to show cause why he should be released on bail.

In light of Whillans’ history, bail was denied on Monday.

However, towards the end of the hearing, it was revealed that additional evidence would be given to the court in the form of a list of the guns once owned by Whillans’ father, who’d had a substantial firearms collection prior to Australia’s landmark gun control measures taking effect.

The magistrate denied bail until the next day, when the request was re-evaluated with the production of additional documentation.

On Tuesday, the bid for bail continued.

The police case rested on several factors including his criminal history and an alleged “anti-police” attitude, with officers saying Whillans often refused to stop his bicycle or e-scooter when directed.

There were also claims by police that his mother had potentially taken the blame for items that could have belonged to him in 2015, including cannabis, Viagra and drug utensils.

On the second day, Whillans was granted bail on the basis that there was, according to Mr McInnes, now a “hypothesis consistent with innocence”.

Mr McInnes noted that Whillans had a propensity to possess both tasers and guns, but also noted the possibility that the weapon could have been considered a “desirable or collectible item” to someone with an interest in guns, such as Whillans’ late father.

Whillans’ mother also submitted an affidavit that the weapon had belonged to her late husband.

The court heard the weapons charge was an indictable offence, and Whillans would be defending all charges against him, including possessing explosives without authority, evasion, possession of suspected property and possession of weapons category D/H/R weapon.

He was granted bail and will face court again at a later date.

Whillans’ mothers has not been charged with any offences.