Gladstone man threatens pig hunters on property with shotgun
TWO HUNTERS thought they had become the hunted when a Gladstone man cut short their boar chase by firing his illegal shotgun into the air.
What began as a trial, which called on two Gladstone men to give evidence on the events that took place during a pig hunt, changed to a sentence after one charge against the accused Gladstone man was amended in the Gladstone Magistrates Court.
Among other charges, 28-year-old Nickita Basargin was initially charged with one count of possession of an unlawful weapon with intent to commit an indictable offence; for which he pleaded not guilty to in court.
However, this charge was dismissed by Magistrate Jeffrey Clarke after discussions with defence barrister Tom Polley and police prosecutor sergeant Barry Stevens.
The charge was then replaced with one count of the discharge of a weapon in a public place.
He pleaded guilty to this amended charge and to six other charges including drug and weapon possession offences.
On July 15, Basargin, in company with two others, pulled up in a vehicle behind another vehicle on a property off Flynn Rd.
The other vehicle belonged to two other men, who were pig-hunting in the area.
One of the pig hunters was at the vehicle putting his dog in the back of the tray, the other was deeper in the bush with a bore he captured and killed.
Basargin got out of his car and became aggressive towards the hunter, asking him what he was doing on 'his' property, swearing and hurling abuse.
The pig hunter called out to his friend to come back, as he did this, Basargin went back to his car and pulled out a shotgun.
He walked back over towards the pig hunters' car, aimed his gun towards the sky and fired it.
He told the two men that it was a "warning shot' and to get off the property. As the hunters drove away they called the police and reported the incident.
Four days later police arrived at Basargin's Yarwun property to execute a search warrant.
Police not only located the shotgun and a number of rounds of explosive ammunition, but also found cannabis, cannabis seeds, a drug pipe, a pair of scissors, leg cuffs and thumb-cuffs; which the magistrate said could have only been used for the restraint of another person.
He was arrested and released on bail.
Mr Polley said his client pulled out his shotgun from the car because he believed the hunter had gone to his car to pull out a weapon. But he had no reason for the possession of the leg and thumb cuffs.
However, Magistrate Clark said there was no evidence to suggest the hunter was carrying any such weapon.
Mr Clarke expressed a strong hesitation to grant immediate parole and said he was strongly inclined to sentence Basargin to an actual term of imprisonment.
However, he said given Basargin was the sole carer of his child and was caring for his father, it would not be appropriate.
Mr Clarke imposed a jail term head sentence of six months, with immediate parole release.