A jury has taken less than an hour to acquit a Horsley man of shooting at two men who tried to break into his house. Derek Scott Ferguson pleaded not guilty to discharging a firearm intending to cause grievous bodily harm and firing a firearm in a manner likely to injure a person during his NSW District Court trial in Wollongong. The jury retired before lunch on Friday and within an hour, shortly after 2pm, the 12 jurors returned a not guilty verdict on both charges. Read more: Councillor's bid to make Wollongong the (legal) home of the e-scooter Judge Andrew Haesler thanked the jury for their service and formally discharged them. Ferguson remains in custody after he previously pleaded guilty to possessing an unauthorised firearm. Defence lawyer David Dalton indicated he would make a bail application for Ferguson in the coming weeks. The four-day trial centred around whether Ferguson acted in self defence, claiming he fired the shots, less than 100 metres away from Dapto Public School, because he feared for his own safety and that of his family. The defence did not disagree that Ferguson had possession of a gun and fired it through the door and in the street on November 15 last year, however claims he was acting in self defence. The Crown alleged Ferguson's acts were not reasonable and that he intended to cause the men grievous bodily harm when he shot at them. The Crown alleged Michael Black and Rian Kinloch went to Ferguson's house, where his wife and children were present, and had a conversation through the front door about 10.30am. Kinloch allegedly told him, "I'm going to f--king put you to sleep" before Black tried to rip open the front screen door. Ferguson claimed he saw one of the men with a gun. The Crown alleged Ferguson pulled out a silver pistol and shot three rounds at the men through the screen door, however the bullets did not hit them. The men fled on foot before Ferguson ran out of the premises and fired two more shots at the men. The Crown case relied heavily on the CCTV footage of the incident. Mr Dalton told the court Ferguson fired the shots as a warning, only after Black tried to rip open the door, as he wanted to "scare them off". "Mr Ferguson did not fire to actual hit either of these men," Mr Dalton said. "The first shot when men are a metre away from him. "He was defending himself and his family in his own home from these men who wanted to rob him, potentially kill him and do who knows what to his wife and children." In his closing address, Mr Dalton submitted the objective evidence of the CCTV footage and jailhouse phone calls supported his client's claims that he was acting in self defence. Ferguson claimed he was not a "gangster" during recorded phone calls he made from prison that were played in court on Thursday. "I'm not running around with a gun. I'm not a gangster ... if I have got a gat, I'm f--king fearing for my life ... I'm fighting self defence because it is clear as day on camera," Ferguson said. The case was adjourned to January 29 next year for sentencing proceedings. We depend on subscription revenue to support our journalism. If you are able, please subscribe here. If you are already a subscriber, thank you for your support.
Ferguson has been acquitted of intending to cause the men grievous bodily harm when he fired at them outside his home.
A jury has taken less than an hour to acquit a Horsley man of shooting at two men who tried to break into his house.
Derek Scott Ferguson pleaded not guilty to discharging a firearm intending to cause grievous bodily harm and firing a firearm in a manner likely to injure a person during his NSW District Court trial in Wollongong.
The jury retired before lunch on Friday and within an hour, shortly after 2pm, the 12 jurors returned a not guilty verdict on both charges.
The four-day trial centered around whether Ferguson acted in self defence, claiming he fired the shots because he feared for his own safety and that of his family.
Judge Andrew Haesler thanked the jury for their service and formally discharged them.
Ferguson remains in custody after he previously pleaded guilty to possessing an unauthorised firearm.
Defence lawyer David Dalton indicated he would make a bail application for Ferguson in the coming weeks.
Crime scene officers collected evidence following the shooting at Denham Drive. Picture: Sylvia Liber
The four-day trial centred around whether Ferguson acted in self defence, claiming he fired the shots, less than 100 metres away from Dapto Public School, because he feared for his own safety and that of his family.
The defence did not disagree that Ferguson had possession of a gun and fired it through the door and in the street on November 15 last year, however claims he was acting in self defence.
The Crown alleged Ferguson's acts were not reasonable and that he intended to cause the men grievous bodily harm when he shot at them.
CCTV footage showed Derek Ferguson holding a gun.
The Crown alleged Michael Black and Rian Kinloch went to Ferguson's house, where his wife and children were present, and had a conversation through the front door about 10.30am.
Kinloch allegedly told him, "I'm going to f--king put you to sleep" before Black tried to rip open the front screen door.
Ferguson claimed he saw one of the men with a gun.
The Crown alleged Ferguson pulled out a silver pistol and shot three rounds at the men through the screen door, however the bullets did not hit them.
The men fled on foot before Ferguson ran out of the premises and fired two more shots at the men.
The Crown case relied heavily on the CCTV footage of the incident.
Crime scene officers collected evidence following the shooting at Denham Drive. Picture: Sylvia Liber
Mr Dalton told the court Ferguson fired the shots as a warning, only after Black tried to rip open the door, as he wanted to "scare them off".
"Mr Ferguson did not fire to actual hit either of these men," Mr Dalton said.
"The first shot when men are a metre away from him.
"He was defending himself and his family in his own home from these men who wanted to rob him, potentially kill him and do who knows what to his wife and children."
In his closing address, Mr Dalton submitted the objective evidence of the CCTV footage and jailhouse phone calls supported his client's claims that he was acting in self defence.
Police officer established a crime scene at the Denham Drive house following the shooting at Denham Drive. Picture: Sylvia Liber
Ferguson claimed he was not a "gangster" during recorded phone calls he made from prison that were played in court on Thursday.
"I'm not running around with a gun. I'm not a gangster ... if I have got a gat, I'm f--king fearing for my life ... I'm fighting self defence because it is clear as day on camera," Ferguson said.
The case was adjourned to January 29 next year for sentencing proceedings.
We depend on subscription revenue to support our journalism. If you are able, please subscribe here. If you are already a subscriber, thank you for your support.
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