Olympic gold medallist Michael Diamond has had three firearms convictions that ended his shooting career quashed on appeal.
Mr Diamond, 45, was barred from competing in the 2016 Rio Olympics after he was found guilty of firearms and drink-driving charges.
He was slapped with a 10-year gun licence ban and put on a good behaviour bond with a warning that repeat offences could land him in jail.
But in Newcastle Local Court on Thursday, the firearm convictions were overturned after Judge Roy Ellis ruled: ‘I can’t interpret this legislation just to get Mr Diamond.’
Olympic gold medallist Michael Diamond (centre, joined by lawyer and partner) has had three firearms convictions that ended his shooting career quashed on appeal
But in Newcastle Local Court on Thursday, the firearm convictions were overturned
Mr Diamond, 45, was barred from competing in the 2016 Rio Olympics after he was found guilty of firearms and drink-driving charges
Police had alleged Diamond had gotten in a drunken argument with his older brother John at a property in Nelson Bay, north of Sydney, in May last year.
‘I rang the police and he grabbed his shotgun, which was behind my couch, and he jumped in the car and took off,’ John Diamond told the court during an earlier hearing.
Police allegedly found Michael Diamond standing near his car at a nearby location. He was breath-tested and returned an alleged reading of 0.159.
Officers then allegedly searched his vehicle and found a disassembled gun kept in its case, with loose ammunition in the car.
In court on Thursday, Judge Ellis said police were not entitled to search Mr Diamond’s car as they had not demanded an on-the-spot search, according to the ABC.
Police allegedly searched Mr Diamond’s vehicle last year and found a disassembled gun kept in its case, with loose ammunition in the car
Judge Ellis said police were not entitled to search Mr Diamond’s car as they had not demanded an on-the-spot search
Judge Ellis also rejected the prosecution’s claims Mr Diamond had not taken enough precautions to ensure the gun was safely locked up.
‘If the car had been unlocked, if the car had clear windows, if the gun was not disassembled, there would have been a clear argument to say it was unsafe,’ he said.
Mr Diamond has been consistently supported by Shooting Australia, who insisted on standing by the sporting hero.
‘We will not turn our backs on someone who has been such a great servant of our sport and our country in the past,’ a spokesperson said after Diamond was refused permission to compete at the Rio Olympics in 2016
Mr Diamond (pictured) won gold medals for Australia at the Atlanta and Sydney Olympic Games in the Men’s Trap shooting
‘We will not turn our backs on someone who has been such a great servant of our sport and our country in the past,’ a Shooting Australia spokesperson said of Mr Diamond (pictured)