Alice Springs gun owner to sue cops for ‘trespass’ after licence stoush

A Territory gun owner is suing NT Police for ‘trespass’ over a bungled raid while claiming its continued pursuit of his firearms amounts to contempt of court.

AN Alice Springs gun owner is suing NT Police for trespass over a bungled raid while claiming its continued pursuit of his firearms in defiance of a judge’s ruling amounts to contempt of court.

Ron Sterry is appealing a decision to revoke his gun licence in the Firearms Appeal Tribunal on Monday, with costs, after claiming police refused to comply with a court order to return his property.

It comes after Mr Sterry was found guilty of carrying a bayonet in public after going to the rescue of a woman who had been stabbed by another person in April last year.

But in handing him a good behaviour bond in the Alice Springs Local Court without conviction, Judge John Birch ordered police return his guns to him after finding he was justified in bringing one of his rifles with him for self defence.

Despite the ruling, police later raided his house, seizing chilli oil, vinegar and other innocuous substances, along with “replica” toy foam pellet guns and later issued him with a notice revoking his licence.

In an appeal notice filed with the tribunal, Mr Sterry’s lawyer Jon Bortoli said the revocation should be immediately overturned and the lawfulness of the search ”will be challenged in civil proceedings for trespass”.

“Relevantly, during the execution of that search warrant, police intended to seize Mr Sterry’s firearms even though he had never been served with the revocation notice,” it reads.

“Police drilled two holes into Mr Sterry’s gun safe. It was only after the intervention of Mr Bortoli that police agreed to hold off seizing Mr Sterry’s firearms, given he had not been served with the revocation notice.”

The notice claims NT Police must be bound by Mr Birch’s ruling after choosing not to appeal it through the courts, as “otherwise, the legal system could be thrown into chaos as parties simply chose to ignore orders that they believed were invalid”.

Alice Springs man Ron Sterry with one of his lawfully owned guns.

“It is obvious that the police could not have simply returned Mr Sterry’s licence in purported compliance with the order and then immediately revoked that same licence and taken it back from him,” it reads.

“That would clearly not be true compliance with the order. Yet, that is essentially what the delegate of the commissioner purports to do by making the decision.

“The actions of the delegate of the commissioner amount to a contempt of court.”

The notice also claims Mr Sterry should be awarded costs for his legal fees from the saga because NT Police had “acted unreasonably”.

“It should not have been necessary for Mr Sterry to bring these proceedings,” it reads.

“The commissioner (and his delegates/agents) were bound to comply with the order, as well as the interpretation given to section 10(2A) of the (Firearms) Act (by the Supreme Court), a decision made in 2009 that should already have been known to police.

“It is submitted that the only appropriate order in the circumstances is to award indemnity costs to Mr Sterry for all work in relation to the three revocation notices issued by the commissioner’s delegates in this case.”