Magistrate fights to have alleged Dunoon shooter’s case advanced in the ‘interests of jusitce’

A Lismore magistrate has expressed frustration a charge in the case of the alleged Dunoon shooter continues to be adjourned. Details Inside:

​Anthony Keith Gifford’s matters were mentioned in Lismore Local Court on Wednesday, August 11.

A Lismore magistrate has expressed frustration a charge in the case of the alleged Dunoon shooter has continued to be adjourned, stating it needed to be finalised in the “interests of justice”.

Anthony Keith Gifford’s matters were mentioned in Lismore Local Court on Wednesday, August 11.

The 63-year-old man faces 18 charges related to events which occurred on Saturday, March 6, 2021.

About 9pm that day, police will allege more than 20 shots were fired, allegedly by Mr Gifford, at residents on Rayward Rd and Duncan Rd.

Twelve police officers and six local residents allegedly took refuge in a nearby home and other residents instructed to remain in their homes during the incident.

Specialist units were deployed to assist in the operation – including officers attached to the Tactical Operations Regional Response, negotiators, and Police Rescue.

Specialist units were deployed to assist in the operation – including officers attached to the Tactical Operations Regional Response, negotiators, and Police Rescue.

Police later arrested Mr Gifford and charged him with five counts of firing a firearm at a house with disregard for safety, two counts of shooting with intent to murder, three counts of discharging a firearm with intent to resist arrest, firing a firearm at a house with disregard for safety, discharging a firearm with intent to cause grievous bodily harm, damaging a property with intent to endanger life, damaging a property by fire/explosive with intent to injure, two counts of firing a firearm near a public place, not keeping a firearm safely, and resisting officer in the execution of duty.

According to the police prosecutor on Wednesday, the resist police charge occurred while Mr Gifford was in custody for the shooting and was taken to the hospital.

Prosecutors indicated a brief for the charges were not yet compliant and the resist police charge would be adjourned to travel with the other matters.

However, Magistrate Michael Dakin questioned the adjournment when a plea of not guilty to that charge was entered on May 12.

“I’m not sure why that matter was adjourned two occasions after that,” he said.

Police located firearms in the man’s Dunoon address.

While prosecutors tried to argue DPP had carriage of all matters, Magistrate Dakin was unconvinced.

“No matters what occurs going forward, this is to remain in this jurisdiction, there shouldn’t be a delay in a hearing date merely based on who’s prosecuting it,” he said.

Mr Gifford’s solicitor James Fuggle said he had been having trouble receiving instructions from his client due to mental health issues which were to be investigated.

He added there was a chance the charge could proceed in some way other than a hearing.

But Magistrate Dakin said he was not persuaded it was “appropriate” to not set a hearing date.

“I can’t see any reason why a further adjournment would be in the interests of justice,” he said.

Given that, he adjourned the indictable matters for a September 15 brief service mention and set a Lismore Local Court hearing date for the resist police charge.

The hearing date was set for November 3 in Lismore Local Court.