Sydney Man Awarded $755,000 After Wrongful Imprisonment Over False Rifle Accusation
A Sydney fencing contractor has been awarded a significant sum in damages after a botched police investigation led to him being wrongfully accused of firing a rifle and spending three weeks in jail. The NSW Supreme Court ruled that Luke Borton, a licensed firearm owner, was unjustly prosecuted, awarding him $755,236 in compensation for the ordeal that left him with severe psychological trauma.
The incident unfolded on March 29, 2020, at Mr Borton's 15-acre property in the rural Sydney suburb of Glenorie. His neighbour's son, Nicholas Everson, contacted emergency services claiming shots had been fired into his parents' shed. During the triple zero call, played in court, Mr Everson appeared more amused than distressed, identifying Mr Borton as the likely culprit. Justice Richard Cavanagh, presiding over the case, noted the oddity of Mr Everson's proximity to the shed while reporting bullets were being fired into it, along with the presence of three other individuals who seemingly remained in the vicinity rather than seeking safety.
The police response was swift and severe. Shortly after 1 am, a tactical response team, supported by an armoured vehicle, descended upon Mr Borton's property, declaring a siege. Believing he had done nothing wrong, Mr Borton approached his front door, only to be met by an officer aiming a rifle at him from behind the armoured vehicle. He was subsequently arrested, his wrists bound with cable ties, which were later replaced with handcuffs. Paper bags were placed over his hands to preserve any potential gunshot residue, a measure Justice Cavanagh observed in body-worn camera footage was clearly met with Mr Borton's bewilderment.
Transported to the police station in a caged vehicle, Mr Borton maintained his innocence throughout his initial interview, stating he had not fired any shots at his neighbour's shed. Despite his consistent denials, he was denied bail by Liverpool Local Court and spent the next three weeks incarcerated.
Police Bungling and Lack of Evidence
Justice Cavanagh was highly critical of the police investigation, finding no reasonable or probable cause for Mr Borton's prosecution. He singled out Detective Senior Constable Jason Blackbourn as being "instrumental" in pushing the charge. The judge highlighted that while the initial arrest might have been justifiable, the prosecution should have been terminated once forensic and ballistic evidence revealed no bullets had struck the shed and no witnesses could corroborate the claims.
"This was the situation within a day of him being arrested," Justice Cavanagh stated. "It must be that within hours of (Mr Borton) being charged, (DSC Blackbourn) knew that ballistics did not support his view about the indentations and that forensics had not turned up anything of significance at the scene."
The court heard that Detective Senior Constable Blackbourn should have recognised that the case was not only weak but entirely devoid of evidence to support the charge. A decision to withdraw the charge should have been made "very quickly," yet Mr Borton "wallowed in prison for 21 days," with the proceedings only discontinued nearly five months later, on September 3, 2020.
Allegations of Malice and Neighbours' Dispute
Justice Cavanagh went further, determining that Detective Senior Constable Blackbourn was "acting with malice" in pursuing the case despite the clear lack of evidence. The court found it "curious" that the senior officer claimed to have obtained statements from John and Janice Everson, only to admit under cross-examination that he had not.
Adding another layer to the flawed investigation, it emerged that Detective Senior Constable Blackbourn mistakenly believed Mr Borton had threatened John Everson with an axe, when in fact, the threat had been made by Mr Everson towards Mr Borton.
The animosity between the neighbours reportedly stemmed from the Eversons installing a spotlight that shone directly into Mr Borton's bedroom. Despite Mr Borton's complaints, the light remained. When he confronted the Eversons, he allegedly faced insults and threats.
The Impact of the Ordeal
The consequences of the wrongful accusation and imprisonment have been profound for Luke Borton. He developed Post-Traumatic Stress Disorder (PTSD) and anxiety, becoming "obsessive" in his pursuit of justice. He has been unable to work as a fencing contractor since April 2020 due to his PTSD. The emotional toll has been so severe that Mr Borton and his wife, Angelique Borton, were forced to sell their home in Glenorie.
"If this is allowed to happen without consequences I can't live here," Mr Borton told the court. "Because this could happen to me again at any stage and I cannot allow that to happen again. I need to get out of the country."
The significant damages awarded to Mr Borton include:
- $220,000 in general damages, covering loss of reputation and other non-economic factors.
- $27,300 for his 21 days in prison ($1,300 per day).
- $50,000 in aggravated damages, acknowledging the malicious nature of the prosecution.
- $262,000 for lost earnings.
Detective Senior Constable Blackbourn is no longer employed by the NSW Police Force. Mr Borton's legal representatives have been contacted for comment.
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