Restaurant owner charged with assault after tackling a gunman

When a good Samaritan tackled a man firing shots from his rifle in Strathalbyn in the Adelaide Hills, little did he realise he would be the one charged with assault. 

55 year old Maurice Behan, who owns the Hammer ‘N’ Tongs cafe in the main street of Strathalbyn is facing one count of basic assault following the peculiar incident. 

The gunman was actually hired to shoot pigeons as a pest control measure, however many residents were terrified as the man repeatedly refused to explain himself, leading to many calls to triple-0. 

Surprisingly, police failed to act on any of the calls.

Magistrate Lynette Duncan heard that Mr Behan’s barrister David Edwardson QC and his solicitors had contacted the prosecution on 5 February outlining how the incident and assault charge was “utterly misconceived.’’ 

The court was told that the man Mr Behan is alleged to have tackled was “walking up and down the main street armed with a rifle equipped with a silencer and telescopic sights”, and was seen firing into buildings across the road from where he was positioned.

“He never produced any permit or identification to those who questioned him,” Mr Edwardson said.

“Elderly members of the community and schoolchildren took refuge because of their concerns at this activity.”

Mr Behan approached pest controller Nicholas Guy Adams to seek an explanation as to why he was firing a gun at the local shopping centre.

When Adams failed to give an. explanation, an altercation occurred.

“Plainly, he could never be found guilty and the prosecution could not succeed,” Mr Edwardson told Ms Duncan.

The prosecution has been advised to withdraw the matter otherwise Me Behan would be seeking “considerable costs” in defending the matter.

The matter was adjourned until 1 April, giving the prosecution time to consider any material and acquire instructions “as to the future conduct” of the case.

Many community members have condemned the actions of the pest controller. 

One woman said, “He stood in front of my car with that bloody gun, I had no idea what he was doing, then he laughed and waved at me and I assure you I was scared.” 

Another woman wrote, “If someone was walking around with a loaded rifle in the city the cops surely would have taken action. You can’t just walk around with an exposed gun like that. It’s illegal. No one knows the guy, it’s so wrong!!!” 

A Strathalbyn ward councillor for Alexandrina Council, Craig Maidment, said the council had not granted permission for this pest control activity, nor did they have knowledge of it.

“If it had done so then council policy would have dictated that a council officer would need to be present during the pest control operation and appropriate signage and identification would need to be provided,” he wrote.

Irit Jackson, 11^th February 2021