Police have been told to retrieve a gun which has apparently been lying on a patch of waste ground in Cowdenbeath since August 2023, before its owner is sentenced for illegally having it in public.
Council worker Kevin Nicoll was seen with the weapon shortly before midnight on August 17 last year.
He later said it was broken and he tossed it away in the Moss Side Road area of the town, where it is thought to have lain ever since.
It was one of two he told Dunfermline Sheriff Court he owned.
The other was seized by police from his house in the same street.
The tale unfolded when Nicoll pled guilty to having an air rifle in public without lawful authority or reasonable excuse, contrary to the Firearms Act 1968.
Police instructed to find gun
Defence lawyer Shona Westwood said Nicoll had “panicked” after getting into an argument with his partner and took the broken air rifle “with the purpose of getting rid of it”.
The solicitor continued: “He appreciates he should have taken it to a police station.
“In fact, he tossed it over a fence to some grass and I understand it’s still there and has not been removed.”
She said Nicoll walks past the area but is not able to retrieve it to dispose of it.
Sheriff Elizabeth McFarlane said: “He has tossed a rifle over a (fence) and you are telling me it’s still there?”
She deferred sentencing until January 29 for background reports and instructed Nicoll to speak to a court police officer to provide details on the rifle’s location.
She requested police be despatched to locate the item and told Nicoll: “You have had plenty opportunity to go to police to tell them where the item is and have not done that – since August 2023?”.
Nicoll replied: “Yes”.
‘Stupid decision’
Prosecutor Amy Robertson told the court that around 11.45pm on August 17 last year a woman was walking home contacted police when she saw Nicoll, wearing orange shorts and a t-shirt, walking round the street with the rifle in his hand.
When police entered his house, they noticed Nicoll matched the exact description and clothing described by the witness and seized an air rifle on clear display in his living room.
Ms Westwood said: “The one he had out with him was broken and not capable of being used.
“He accepts it was a very stupid decision to take it out in public.
“I understand he had been drinking and was involved in an argument with his partner.
“He is very regretful of having it out in public”.
Ms Westwood said Nicoll has three previous convictions, none of which are analogous.
The lawyer had asked the sheriff to consider dealing with the case by way of a fine and said he “works for the council”.
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