A loyalist was carrying an official guns-decommissioning document when arrested minutes after a shooting incident, the High Court in Belfast heard yesterday.
The disclosure was made when Mr Mark Fulton (38), Hobson Park, Portadown, applied for bail on charges of possessing a loaded pistol with intent to endanger life and causing Mr Scott Todd to believe violence would be used against him.
Opposing the application, a DPP lawyer said the circumstances surrounding Mr Fulton's arrest were rather unusual.
At about 1.15 a.m. on December 5th Mr Fulton and a female companion were walking down West Street, Portadown, the lawyer said. "It appeared both had been drinking heavily, and it is alleged Fulton produced a semiautomatic pistol and fired four shots into the air." He said three members of the public witnessed the incident, including Mr Todd, who recognised Mr Fulton. It was alleged Mr Fulton then placed the gun to Mr Todd's head as he crouched on the ground and he was released after some verbal abuse.
When the RUC arrived, the lawyer continued, "he was disarmed. The weapon was loaded with one round in the chamber and one in the magazine. He was also found to have a letter from the independent international commission for decommissioning arms enabling him to carry unloaded weapons for the purpose of decommissioning.
"That letter was effective until December 18th, and it acknowledged that the applicant was engaged in the decommissioning of arms by the Loyalist Volunteer Force. It is believed by police that the applicant leads that organisation following the death of its former leader (Billy Wright)."
The document permitted the movement of up to three dozen firearms, but pointed out that any weapons being moved should be unloaded. "I understand the document was rescinded after this incident," the lawyer added.
Mr Fulton's lawyer, Mr Barry Gibson, said the circumstances presented by the Crown were "somewhat unique". He said Mr Fulton was the nominated representative of the LVF to work towards decommissioning.
"It was in these circumstances that he was issued with the certificate signed by Gen de Chastelain and he was in possession of the certificate when he was contacted by persons wishing to decommission this weapon," said Mr Gibson.
"He was socialising in a bar when he was contacted and told to go to West Street where a weapon would be handed over for decommissioning.
"He was approached by two unknown persons, and a number of shots were fired by them. He was given a message to pass on to the media that these were real guns which were being handed over.
"The two men left by a side street, and as Fulton turned he noticed a man crouching on the ground. He went towards him and recognised him as Scott Todd, who he knew to be an RIR soldier.
"He grabbed him by the shoulders and told him no one was in any danger and to go about his business. He has no idea why Todd should make these allegations against him."
Referring to the gun being loaded which brought it outside the spirit of the legislation, Mr Gibson said it was a momentary transfer, and Mr Fulton had no idea it was loaded when he accepted it.
"These two men came out of the shadows, fired two shots and handed him a gun and then disappeared again," said Mr Gibson.
"My instructions are that he is anxious and committed to proceed with progressing the Good Friday agreement." The Crown lawyer denied Mr Fulton placed the gun on the ground. "Police removed the gun from the waist band of his trousers," he said.
Refusing bail, Lord Justice Campbell said it appeared Mr Fulton was entitled to carry firearms in limited circumstances but on the Crown case it seemed he was outside those limits.