Shooting victim pleased friend not jailed

A man who lost an arm after being shot by a mate while hunting in the Ruahine Ranges says he is pleased the friend was not sent to prison.

Ross Smith was at Palmerston North District Court this morning to see Desmond Brannigan sentenced for using a firearm causing injury.

Brannigan was ordered to pay $10,000 in reparation for emotional harm.

A separate payment of $1600 was also ordered and he was also told to forfeit his rifle to police.

Mr Smith, 38, sat in the public gallery flanked by his wife and Brannigan's partner and immediately after the hearing the men and their spouses hugged tearfully.

Mr Smith said Judge John Clapham had been fair in deciding Brannigan should not be jailed or receive home detention, which were options.

"What the judge said was fair - this is enough."

Judge Clapham indicated prison had been meted in previous similar cases, but took note that Brannigan had never denied his guilt, was clearly remorseful and that he and Mr Smith - and their families - remained friends.

However, he said that with Easter and the roar, the deer hunting season, fast approaching, hunters heading to the bush should take note of how a simple instance of misidentification had almost had fatal consequences. It had led to the victim suffering a disability that would affect him and his family all their lives.

The shooting happened on December 7 last year. Mr Smith was flown to Palmerston North Hospital for emergency surgery after lying in the bush for several hours while Brannigan ran to get help. His left arm was amputated below the elbow five days after the accident.

At the initial hearing in January, Brannigan, 49, had immediately pleaded guilty.

The court was told that Brannigan was doing all he could for Mr Smith and his family. He had been devastated by the incident and had not been hunting since.

The men had gone to the Pohangina Valley, west of Komako, 45km northeast of Palmerston North, for an evening deer shoot.

The men had decided to hunt in Indian file, Mr Smith ahead, out of sight of his colleague, a decision that was a recipe for disaster, said crown prosecutor Alastair Hall. Neither man was wearing high visibility clothing.

Brannigan had fired a single shot at what he thought was a deer. The bullet struck Mr Smith.

"It was a matter of luck the victim was not killed," said Mr Hall.

Brannigan, as a longtime shooter and member of two hunting organisations, should have known better.

Brannigan's counsel, Fergus Steedman, said Brannigan and Mr Smith had a friendship that transcended their mutual interest in hunting. "That friendship continues to this day."

Brannigan was horrified at having mistaken his mate for a deer.

"It wasn't a shot fired in haste, excitement or anger. It was a shot he now knows he fired negligently. He has always acknowledged he acted stupidly."

- NZPA