UPDATE - Neil Dabreo granted bail, had threatened to commit suicide
The 37 year-old father of two pleaded not guilty to two counts of keeping an unlicensed firearm and two counts of being in possession of explosives. He has to return to court on March 25, 2012.
Crown Counsel Judge Hanley in reeling out the facts told the court that the couple was having marital problems and had attended a counselling session earlier in the day. It is alleged that around 12:10 am the wife, the Virtual Complainant (VC) and Dabreao were at home talking about their marriage and during the conversation the defendant told his wife that he would take his life because his wife had indicated she wanted out of the marriage.
When the VC allegedly embraced her husband she allegedly felt a hard object at his waist. She asked him what it was and he told her it was a gun and that he had a plan to put things in place so that she and the children would be okay. She then pleaded with her husband to put the gun away.
The complainant allegedly left the room and made a call to the Road Town Police Station and was told certain things, Crown Counsel Hanley stated. The court heard that Dabreo allegedly went to the kitchen and came back without the gun. He then went to bed.
He was awoken by police, who found a .38 calibre Smith and Wesson with five ammo wrapped in tissue paper, and another gun with 39 rounds of ammo behind a retaining wall. The wife had given officers permission to search the home.
At the police station, when informed of his alleged actions the defendant told officers, “I can’t remember nothing. I don’t know about them things. I take some medication.” Dabreo’s version of eventsDabreo’s lawyer Stephen Daniels in his bail application told the court that his instruction from his client regarding the incident was quite different from the allegations that had been read by the Crown. According to him “at the time of the incident” his client was suffering from a throat infection and the flu, and was using Paracetamol and Advil.
It was revealed in court that the couple had reached the last stage of their marriage with the VC wanting a separation and the defendant wanting a divorce. He said they went home and the wife left the kids and the defendant at home and went out, returning home at 9pm.
Dabreo allegedly went outside to clear his head and when he returned, his told his wife he had a headache and she give him two tablets that turned out to be co-codamol. Side effects of using such a drug with others include depression, dizziness and hallucinations. .Daniels said his client fell into a deep sleep and was awoken by police officers who told him to put on clothes. Daniels said his client couldn’t even sit up. The attorney said that the officers took Dabreo to the Road Town Police Station and then took him to the hospital and that it wasn’t until later that he was shown the firearms.
He also stated that according to the Firearm Act, presumption of ownership goes hand in hand with the occupier, and that it is surprising that the wife was not charged for possession as well.
Daniels said it was interesting that the Crown stated that the VC called the police when it was a male, who Dabreo has been accusing his wife of having an affair with, that called the police.
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