Gun licence refusal ‘right decision on facts found’
A CLAIM that Guernsey’s chief of police was wrong to refuse the renewal of a man’s firearms licence has been dismissed by the Royal Court.
Robert Curgenven’s action against Ruari Hardy was heard in the summer when he said that his licence renewal had been refused following an argument with his fiancee, which led to police being called.
Mr Curgenven was arrested and charged with assault, but this was dropped a few days later.
He felt that the actions against him by the police were inappropriate.
Mr Hardy spent several hours in the witness box giving evidence and being cross-examined by Mr Curgenven, who represented himself.
He said the licence was originally revoked for 12 months by deputy chief officer Ian Scholes following the domestic incident. Mr Hardy had taken over the matter owing to a separate court action being taken by Mr Curgenven against Mr Scholes.
The matter was one of risk and Mr Hardy said he could not make a safe risk assessment in this case.
In the written judgement, Judge Russell Finch said the jurats had dismissed the appeal.
There was some criticism of Mr Hardy’s handling of one aspect of the case, when he contacted the Guernsey Pistol Club after telling Mr Curgenven that he could access his guns if they were stored there. His response when dealing with the club was ‘clumsy and could have been handled more tactfully’, said the jurats.
They found DCO Scholes to be an impressive witness.
Mr Curgenven, they said, ‘with respect, lacks insight and the ability to appreciate the concerns of the island police force.
‘His reaction to the incident was over the top. There is no point in having a chief officer and his deputy spending long periods of their time responding to very lengthy correspondence. On the facts, their evidence was not impeached in cross-examination and they are truthful witnesses.’
The jurats concluded that the decision to refuse a certificate was not unreasonable.
‘Not only was it within the range of reasonable responses which a reasonable CO might have made in the circumstances, it was the right decision on the facts found.’
In addition, Mr Hardy had made it clear that the door was not ‘shut forever’ and after period of appropriate monitoring, Mr Curgenven could reapply for his certificate and have this considered.
A statement was released by Bailiwick Law Enforcement on behalf of Mr Hardy yesterday.
‘In Guernsey, there is no right as a matter of course for a person to possess a firearm,’ he said.
‘As such, we take our responsibility to understand and respond to any risks associated with a person who seeks to apply for a firearms certificate extremely seriously.’
While the police would ‘always recognise’ someone’s right to challenge their decision-making, he said he was disappointed that this matter had ended up in court. ‘I am however pleased that it has now been resolved.’
