A 63-year-old Kitchener man has been granted bail after appearing in Court, charged over the fatal shooting of another man while hunting near Cassilis.
John Butcher is facing charges of manslaughter and firing a firearm in a manner likely to injure another person, following the death of a man on a rural property along Rotherwood Road on Wednesday morning.
Police allege Butcher was hunting feral pigs when several rounds were discharged, with one bullet fatally striking the victim. Prosecutors said Butcher’s actions were “grossly negligent” when he changed guns and fired up to six times in a 50 to 60 degree angle.
The court heard Butcher has held a firearms licence since he was 18, and served as a rifle club captain.
Defence lawyer Isabel Reed said Butcher immediately called triple zero after the incident, has fully cooperated with police, and made full admissions during an interview.
Defence submissions described the incident as a tragic accident, arguing the fatal shot ricocheted off the ground and that Butcher had no idea his friend was in the area.
“The deceased was in tall grass on a quad bike [and] Mr Butcher had no idea he was there,” Ms Reed told the court.
“It was not like he was just firing willy-nilly.”
The two men had known each other for around 45 years.
Prosecutors confirmed to the court that a number of guns and ammunition had been seized from Mr Butcher’s home in Kitchener, near Cessnock.
They also cited the seriousness of the charges, but acknowledged Butcher’s otherwise clean record, noting only minor children’s court matters dating back to the late 1970’s.
The court heard Mr Butcher did not have an adult criminal record and that Butcher did not wish to continue owning a gun.
Bail was granted on strict conditions that Butcher reside at his home in Kitchener, report weekly to Cessnock Police Station, does not contact the victim’s family, does not use or possess firearms, and does not engage in hunting.
The matter was adjourned to Newcastle Local Court on December 3, with the brief of evidence to be served on Legal Aid by that date.
