No penalty for firearm possession charge

A judge has wished a Dunedin man well after imposing no penalty on a firearm possession charge, calling it a unique case of betrayal.

Matthew Graham Cadigan (34) appeared before Judge Kevin Phillips this week after taking "steps to rehabilitate himself" since his last court appearance in 2015, the Dunedin District Court heard.

Upon executing a search warrant at the man’s address, police found a sawn-off 410 shotgun wrapped in fabric and secured with velcro behind the passenger seat of his utility vehicle. The man was charged with unlawfully possessing a firearm.

The shotgun was not loaded and was not capable of "immediate use", Crown solicitor Marcail Brosnan said.

"What he has been consistent about from day one is that he did not know the package was in his car," counsel Brian Kilkelly said.

Cadigan admitted he had seen the firearm in April 2022 when one of his associates asked him to look after it.

Refusing to take the weapon, he instead offered the friend a ride in his car.

"He felt devastated and betrayed by his associate," Mr Kilkelly said.

The man who deposited the weapon in Cadigan’s vehicle died from a terminal illness a short time after their meeting.

Judge Kevin Phillips was initially sceptical.

"If he is going to associate in any way shape or form with nefarious people he is going to end up in some pain."

When Cadigan was charged with the offence he was the owner of a successful earth moving business and the charge presented a "major implication for him", Mr Kilkelly said.

"He says that almost on a daily basis he had bosses and foremen of the contracting firm in his vehicle, going all over farms.

"He regularly took his children to and from school in that vehicle.

"He would never have entertained that if he knew there was a firearm in the car."

The immediate response from his sole contractor upon hearing about the charge was to terminate their working relationship — forcing Cadigan to liquidate his business and move out of his home.

"He essentially lost everything as a result of this," Mr Kilkelly said.

Cadigan had fought hard to turn his life around since his last bout of criminal offending in 2015 and had since become a father.

"I am somewhat concerned because it seems to me that you attempted to assist a person," the judge said.

"Out of the goodness of your heart, you offered him a ride. It appears this man, behind your back, secreted in your vehicle a shotgun.

"This is a unique case.

"You will have lost mana with your family, particularly your partner, all through criminality that entirely betrayed your confidence and friendship."

Judge Phillips convicted the man but imposed no penalty, drawing attention to the significant loss he had already suffered.

"I wish you well and hopefully you can recover the threads of your re-established life."

 

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