Baker pleaded not guilty to the charge and gave evidence in trial

A police officer who fought a weapons charge has been found guilty of failing to store a rifle securely, with a magistrate finding her to be in both “possession” and “control” of the weapon, despite not being on the property at the time.

A POLICE officer who fought a weapons charge has been found guilty of failing to store a rifle securely, with a magistrate finding her to be in both “possession” and “control” of the weapon despite not being on the property at the time.

Magistrate Steven Mosch handed down the decision on Tuesday, almost a fortnight after the trial of Tracey Lee Baker in Townsville Magistrates Court.

Members of Baker’s family sat in the public gallery during the delivery of Mr Mosch’s decision, with Baker present at the bar table next to her lawyer Darren Robinson.

Baker, who held the title of Senior Constable, had pleaded not guilty to a single charge of secure storage of weapons – licensee during the trial, in which she also gave evidence.

Tracey Baker was found guilty of failing to store a rifle in secure storage facilities in Townsville Magistrates Court.

Mr Mosch found Baker to have been in “control” and “possession” of a weapon, a bolt-action rifle that was found during a search of Baker and her husband’s Black River property on July 3, 2020.

The gun, which was licenced to Baker, was found in a locked safe with the bolt still attached and with the action “unbroken” in a forward position.

Baker was at work during the search of the property – which she owned with her husband, former police officer Gregory Baker.

And despite not being on the property, Mr Mosch found that Baker, as an owner of the property the gun was stored on, still had “control” of the weapon.

Mr Mosch said according to the Weapons Act 1990, a licensee who has control of a weapon at a place must keep the weapon in secure storage facilities at the place when a person is not in physical possession of the weapon.

During the trial, Baker claimed she did not store her weapons with the bolt still attached, and told the court while she was able to open the safe, she had last held the weapon 12 months before the search, when she had taken it out for her husband to clean.

She said Mr Baker had put the gun back in the safe afterwards, but said she didn’t know how the gun came to be stored in that way.

Mr Baker was not accused of any wrongdoing.

Mr Mosch said it was “incumbent” on Baker to ensure the weapon was stored securely, which may have been an action as simple as to check the gun after her husband had cleaned it.

He said there was no evidence to say there had been an “intervening act” with the gun prior to July 3, 2020.

Baker will be sentenced on Friday November 19 with her barrister Alastair McDougall present.

Originally published as Baker pleaded not guilty to the charge and gave evidence in trial