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Wounding charge is challenged
Thursday, 07 June 2012
A LEGAL challenge is to be mounted against charges brought against BMW garage boss David Richards from May Hill, after he allegedly fired a shotgun at three people.
Barrister Ed Burgess is to argue that the shooting was accidental and that a charge of wounding with intent should not be proceeded with.
Judge Jamie Tabor QC will hear the legal submissions from prosecution and defence on August 10 before deciding whether the case against Mr Richards, 43, should proceed.
Prosecutor Lisa Hennessy indicated at a hearing on May 30 that the Crown still intend to proceed with the charges in their current form.
Judge Tabor said that before the August hearing he wants a Gloucestershire police firearms expert to go to the scene of the alleged shooting to assess possible reasons for what happened.
Mr Richards, boss of Gloucester Independent BMW Specialists, is accused of wounding Graham Wheeler, 68, with intent to do him grievous bodily harm on November 27 last year.
He is also charged with attempting to wound Trudy Chinn, 55, and Paul Murray, 39, during the incident at a clay pigeon shoot at Longhope.
At the last hearing of the case Judge Tabor asked the prosecution to consider whether it wished to continue with the serious Section 18 charge of wounding with intent.
He said his reading of the case was that because of the high alcohol level allegedly in Mr Richards' blood at the time it could be argued that the shooting was reckless rather than deliberate.
Mr Richards is on bail with a condition that he must not use or handle a firearm.
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