Two brothers accused of illegally possessing firearms that were bought so they could “muck around” have had all their charges dismissed, clearing them of any criminal wrongdoing.
Former Canberra Comanchero Axel Sidaros and his brother Jesse Sidaros were charged after police raided their family home in O’Malley on 25 November 2022, which was where they lived with their other brothers and parents.
Police found a gel blaster shotgun in Jesse’s bedroom wardrobe, a gel blaster pistol in the dining room and a gel blaster rifle in the television room.
Jesse, who told police he had a “toy gun” in his room, said the blasters were his, the ACT Magistrates Court heard. He said he’d bought them “for fun” and “to muck around with his brothers”.
He also said that when he’d bought them from a store in Queensland, he thought he didn’t need a licence, which he didn’t have. Neither did Axel.
Jesse was handed two counts of the unauthorised possession or use of prohibited firearms, while Axel was handed one count of the same charge.
Both pleaded not guilty and fought their charges at a hearing before Chief Magistrate Lorraine Walker handed down her decision on Monday (27 November).
She said a forensic firearm examiner tested each of the three gel blasters and found they were all in working order and capable of propelling a projectile.
The prosecution argued they were firearms or were prohibited items as defined by the relevant legislation, although the defence lawyers claimed the rifle was bought from a retailer called TacToys in Queensland and so was a toy.
The defence lawyers also argued that none of the blasters could be called firearms as they did not fire ammunition as defined in the relevant legislation.
However, Chief Magistrate Walker said an item may be a firearm even if what it fires is not considered ammunition under these laws.
She also said such items being sold without a licence did not result in them being a toy in the ACT, nor did the fact the name of their retailer contained the word ‘toy’. She added one would not expect children to use gel blasters when playing.
However, the chief magistrate ultimately said the prosecution had failed to establish that 29-year-old Axel had possessed a firearm and dismissed the charge against him.
Also, while she was satisfied Jesse had possessed the items without authorisation, she said the question was whether he had the required intent to prove the charges against him.
There was little evidence that he turned his mind to the gel blasters being more than toys and she said she could not be satisfied he was aware there was a substantial risk they could be firearms.
After she dismissed Jesse’s charges as well, one of his supporters in the courtroom kissed him on the cheek.
Axel has been in custody after being arrested for allegedly threatening to kill a rival. On Monday, he applied for bail over these allegations for the second time; however, this was again refused. This matter was adjourned to December.
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