A man accused of helping to sell stolen guns in exchange for drugs was cheated in the deal and never got the drugs he was promised.
James Anthony Sheehey, 42, of Shepparton, unsuccessfully applied to Shepparton Magistrates’ Court to have his case heard in the magistrates’ court jurisdiction, rather than the county court.
Sheehey has pleaded guilty to possessing a traffickable quantity of firearms, handling stolen goods, committing an indictable offence while on bail, being an unlicensed handgun firearms dealer and being an unlicensed Category A longarm firearms dealer.
Prosecutor Peter Pickering told the court three co-offenders allegedly stole a bolted down gun safe, containing four guns, ammunition and a knife, from a Shepparton house on August 29 last year, before taking it to Sheehey’s house where he held it while some of the other men cut it open.
The guns inside were a .308 Ruger Scout rifle, one Brno CZ 9mm handgun, a .45 calibre/410 gauge Taurus Circuit Judge carbine longarm and a Crosman air rifle.
Sheehey then helped one of the other men put the safe into a caravan at Sheehey’s house.
Two of the other men allegedly tried to sell the firearms for one-and-a-half ounces of methamphetamines, $1000 cash and one litre of GHB and two nights’ accommodation in Geelong on August 30.
The guns and ammunition were allegedly handed over, but none of the arranged items were received in return.
The following day it is alleged Sheehey was contacted by the man to whom the guns were being sold, who told him he could collect 7g of methamphetamines in return for the sale of the firearms.
An associate of the man who took possession of the guns handed Sheehey what he thought was the 7g of methamphetamines, but it turned out to be cutters (cheaper additives).
The court was told Sheehey was on bail at the time on charges of cultivating a small number of narcotic plants.
Sheehey’s solicitor Ian Michaelson told the court the other men came to his client’s house unannounced and seeking help and “he didn’t at the time have the intestinal fortitude to say no”.
“When he should have said no, he said yes and helped them,” Mr Michaelson said.
Mr Michaelson said Sheehey was “in essence the middle man” in the sale of the drugs.
“He has facilitated a scam where the drugs were cutters,” he said.
Mr Pickering, however, argued there was “no indication” Sheehey had been “talked into it”.
“He’s as guilty as his friends once he becomes involved,” Mr Pickering said.
Mr Pickering argued the charges were “way too serious” to be dealt with in the magistrates’ court.
“What he is involved in is obtaining from a safe very dangerous firearms and involved in the effort to sell them,” he said.
“He’s putting them out to market.”
Mr Michaelson, however, said his client had co-operated with police and that co-operation had been valuable and therefore he “shouldn’t have to track in the same direction as the co-accused”.
Magistrate Peter Dunn, however, refused the summary jurisdiction application.
“It’s the type of matter that needs the gravitas superior courts bring,” he said.
“All too often firearms are stolen from people’s properties and traded – here for drugs.
“They’re going to end up in the hands of people who don’t have an interest in sporting shooting.”
Sheehey was committed to the County Court later this year.