Pepper man cleared
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By Minh Lam
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A MAN who fired a replica revolver containing pepper spray caps at a home invader who threatened his neighbour was acquitted of firearm charges yesterday in Perth Magistrate's Court.
Laszlo Kun, 55, was found not guilty by Magistrate Graeme Calder of possessing a prohibited firearm and ammunition.
Mr Calder said Mr Kun acted reasonably to protect himself when he fired the pistol on the night of September 30, 2001.
Mr Kun had been telephoned by neighbour Lynda McInerney after two people kicked her front door and demanded she let them in.
Mr Kun told her to phone police while he approached the man and woman, asked them to stop and to wait for police.
They advanced on Mr Kun and threatened to kill him before Mr Kun pulled the weapon from his pocket and fired a warning shot into the air, the court was told.
The intruders kept advancing and Mr Kun fired the revolver at the man's chest.
The man fell to the ground affected by the spray but was not seriously hurt.
The woman ran off and the man was arrested by police.
The weapon, a 9mm replica six-shot revolver, was designed to fire pepper spray caps.
It was given to Mr Kun's wife Judit as a self-defence gift from friends.
Mr Calder said yesterday Mr Kun's revolver could not be classified as a firearm under the Firearms Act because it did not discharge a missile.
And because the revolver was not a firearm, the cartridges could not be classified as ammunition.
Although Mr Kun was not charged for firing the weapon, Mr Calder said Mr Kun would have been able to use WA's new home invasion laws to argue that he had acted reasonably to protect himself.
"His intention was to persuade these people to go," Mr Calder said.
"He didn't take the article (revolver) as the first resort. He didn't come out waving it or firing it.'
Defence lawyer Ross Williamson successfully applied to have Mr Kun's court costs of $3000 recovered.
"Mr Calder has given a very detailed, considered, careful judgment and we have no difficulty with it whatsoever," he said outside the court.
"There is a terrible irony in that he was charged with an offence that carries a five-year (jail) penalty and could be dealt with by a District Court judge and I understand the attempted home invaders were charged with disorderly conduct and no doubt got a $100-200 fine."
Mr Kun expressed relief at the decision and said he did not regret helping his neighbour.
Ms McInerney paid tribute to Mr Kun.
"He is a wonderful man and he didn't deserve the charge that he got," she said.
"I'm so pleased it has been dismissed and he has been let off."
Police are considering an appeal in a bid to get the kind of weapon used by Mr Kun classified as banned.
