Victim of crime could face charges over old gun

A MORAY pensioner who was the victim of crime, could face prosecution after a thief stole a gun along with valuables from her home during a break-in.

Police found the weapon hidden in the garden at Guy Whitelaw’s house after they tracked him down following the housebreaking.

But a judge heard that the thief "seemed anxious" that if he was to face a court for possession of the prohibited gun then his victim should also face proceedings if they did not have a permit.

Advocate depute Alison Di Rollo told the High Court in Edinburgh that proceedings are being contemplated in relation to the householder and possible possession of a prohibited weapon.

The prosecutor said the stolen revolver had belonged to the victim’s late husband and "she had effectively forgotten it was there".

Unemployed Whitelaw (28) also known as McCall, admitted breaking into the 63-year-old retired woman’s home on March 19 this year and stealing jewellery, coins, money, a TV remote control and a handgun.

He also admitted illegal possession of a prohibited weapon which carries a minimum sentence of five years imprisonment under the Firearms Act unless exceptional circumstances can be shown.

Whitelaw told police that after he discovered he had stolen a gun, which was in a cash box in a safe, when he got away from the crime scene he immediately decided to bury it "because I can get five years straight away for it".

Ms Di Rollo said on the day of the break-in the victim had left her house secured in the morning to go out shopping.

The prosecutor said the key to the safe was inside a boot in a wardrobe and it required "some determination to locate".

She said that jewellery valued at more than £1600 was taken from a chest of drawers, along with up to £1700 in savings in the safe which was to fund a holiday and Christmas presents.

The advocate depute said: "Perhaps most significantly, the safe had contained a cash box within which was what is described as an old revolver which belonged to her late husband."

"She describes it as ‘really small’ and says that she had effectively forgotten it was there. That cash box and its contents had been taken," said Ms Di Rollo.

She said police enquiries led them to Whitelaw’s home at 47 Anderson Crescent, Forres, the following day. A search found jewellery, the TV control and the cash box stolen from the victim’s house.

During an interview Whitelaw, whose previous convictions include dishonesty offences, at first denied involvement in the housebreaking, but revealed information about a gun which had been stolen.

He offered to take police to the weapon and at the rear garden of his home he went straight to a tuft of grass under which it was hidden.

The stolen Harrington and Richardson 13 centimetre long, seven-shot revolver was found to be in poor external condition but was capable of firing.

Whitelaw’s solicitor advocate Ian Cruickshank told the judge, Lord Woolman, that he would be asking him to consider whether there may be exceptional circumstances that would allow the thief to escape the minimum five-year prison term for possession of the gun.

Grandmother Gail Cochrane (54) of Morgan Street, Dundee, had her five-year jail term for keeping a World War Two heirloom gun, that had belonged to her late Royal Navy veteran father, overturned by appeal judges in a split decision. They ruled it would be "arbitrary and disproportionate" taking into account her personal circumstances and gave her 240 hours community service.

Lord Woolman deferred sentence on Whitelaw, who is in custody, for the preparation of a background report.