Derek Ferguson: Jury finds man acted in self defence at time of Horsley shooting

A Horsley dad has been acquitted of serious charges related to a shooting last year, with a jury finding he acted in self defence.

A Horsley man who fired several shots in broad daylight less than 100 metres from a primary school has been acquitted of two serious charges, with a jury finding he was acting in self defence.

On Friday, a jury at Wollongong District Court found Derek Scott Ferguson not guilty of discharging a firearm with intent to cause grievous bodily harm and discharging a firearm with disregard for the safety of any person, after two men arrived at his Denham Drive home and threatened him.

During the four day trial, the Crown alleged Ferguson was at his home on the morning of November 15, 2019 when three men, Michael Black, Rian Kinloch and an unknown driver, arrived at the premises in a silver Ford Falcon.

Crown prosecutor Nerrissa Keay told the jury the shooting was captured on CCTV, which showed Ferguson, Black and Kinloch having a conversation through Ferguson’s front door before Black tries to rip open the front screen door.

Police were called to Denham Drive, Horsley to reports of a shooting. Picture: Madeline Crittenden

The Crown alleged Ferguson then pulled out a pistol and shot three rounds through the screen door, prompting the trio to run off toward Dapto Public School, which was just 75 metres away.

Ferguson can then be seen chasing the men and allegedly firing two more shots. Ms Keay alleged that after the men ran off, he jumped behind the wheel of his Toyota Camry and drove off, before returning minutes later and throwing something over the top of the house.

Police arrived moments later and asked Ferguson what happened, to which he replied “nah, nothing, nothing happened”.

During tapped phone calls from prison however, Ferguson admitted to his mates that he “pulled out a gat” and fired at the men in “self defence”.

“You should see the footage brother they f**kin rip the screen door off …” he said in one call played to the court on Thursday.

The scene of the shooting. Picture: Madeline Crittenden

“I told them f**k off my kids are here, and they said ‘I’m gonna put you to sleep c*nt’ … I went bang bang bang.”

In another call Ferguson said he pulled out a gun and fired at the men after they refused to leave the house and meet him further down the street away from his family.

“F**kin self defence brother … I pointed the gat at him and ran off the weak dog…,” he said to another mate.

“I’m not a gangster … If I’ve got a gat im f**kin fearing for me life … I’m fighting self defence because it’s clear as day on camera.”

Police finally found the gun allegedly used in the shooting on January 22 of this year, the jury heard, after Ferguson, through his lawyer, told police he’d hidden it in bushland.

Footage of the find was played to the court earlier this week, which showed police conducting a search in Wongawilli bushland, discovering the gun discarded in shrubbery wrapped in a white piece of cloth.

After less than an hour on Friday, the jury returned their verdict, siding with the defence, who argued that while the shooting did take place, Ferguson fired the shots in self defence, fearing for his safety.

Ferguson, will remain in custody however, until he is sentenced on further firearms charges early next year.