`No crime' in arms stash: judge

Arms Act charges against Christchurch Symphony Orchestra horn player Bernard David Shapiro have been described as "a raft of technical strategems" by the judge hearing the case.

"There's no real crime here," said Judge John Cadenhead after hearing another day of evidence and legal submissions in the case, which now dates back 22 months since Shapiro's arrest.

Police prosecutor Nigel Wolland acknowledged to the judge as the hearing ended that the case arose from one of Shapiro's friends being concerned about his safety, which led to police searching his property.

They found a quantity of military gear which the 37-year-old Shapiro said he was storing for someone else, and that led to the charges involving unlawful possession of weapons and explosives.

Shapiro pleaded not guilty and had a District Court defended hearing before Judge Cadenhead eight months ago, when the judge reserved his decision.

The decision was then delayed because defence counsel Jonathan Eaton had an accident and needed surgery, and the judge, who is based out of town, returned to Christchurch to deliver the decision yesterday.

Wolland sought permission to reopen the case to hear evidence from two more police witnesses. The judge allowed one more witness to be heard, and Shapiro also gave further evidence in his defence.

Michael John Chubb said Shapiro took him under his wing and taught him aspects of armaments and military history.

"We shared the same interests in that respect," Chubb said.

He told of assault rifles being used with high-capacity magazines on a goat hunting trip to the Clarence River and for target practice at a facility at McLeans Island, near Christchurch.

He said he and Shapiro had looked through the contents of tins of items that had been stored at Shapiro's house. This included ammunition, parts for an anti-personnel mine, and other items they could not identify.

Shapiro's evidence was that the material was stored there for another person, who he named.

When he found Powergel explosive among the items, he immediately stored it safely elsewhere.

Having been reminded earlier by photographs, Shapiro acknowledged that he had used one assault rifle with a high capacity magazine on the hunting trip and at McLeans Island.

He acknowledged that using the magazine was outside the terms of his firearms licence. When he realised that this had happened he cancelled his own firearms licence.

At the trial last year, Wolland said the police search team had found two military flares, a smoke grenade, a thunderflash explosive, part of an anti-personnel mine, eight sticks of Powergel, a grenade launcher, and two semi-automatic weapons. The court has since heard that the grenade launcher was only able to launch flares.

The defence said that Shapiro had obtained some of the items from a licensed firearms dealer and had been assured that they complied with the terms of his firearms licence.

The reserved decision may be delivered this week.NZPA