A Supreme Court judge has delivered a scathing rebuke to New South Wales police after a Sydney man, wrongfully accused of firing a rifle at his neighbour's shed, was left to languish in jail for three weeks without evidence. Fencing contractor Luke Borton developed post-traumatic stress disorder and anxiety following the ordeal, becoming 'obsessive' in his pursuit of justice. On Monday, the NSW Supreme Court awarded him $755,236 in damages over the bungled case.
Neighbour's Amused Triple Zero Call
The court heard that Mr Borton, a licensed firearm owner, was on his 15-acre property in the rural suburb of Glenorie, 44 kilometres northwest of Sydney, when the incident unfolded. His neighbour's son, Nicholas Everson, rang triple zero at about 9.30pm on March 29, 2020, to report shots fired into his parents' shed.
Justice Richard Cavanagh noted that the call, played in court, showed Mr Everson was not panicked but appeared 'amused' and was merely offering an opinion when he identified Mr Borton as the likely source. The judge added it was 'surprising' Mr Everson seemed to be standing close to the shed during the call, questioning why three people would remain near a structure allegedly being shot at.
Dramatic Arrest with Armoured Vehicle
Just after 1am, police stormed the Glenorie property with an armoured vehicle, declared a siege, and called in the Tactical Operations Unit. Mr Borton, believing he had done nothing wrong, went to the front door, raised his hand to shield his eyes from the glare, and found an officer in all black behind the vehicle aiming a rifle at him.
He was arrested with his wrists bound in cable ties, later swapped for handcuffs, and paper bags were placed over his hands to preserve potential gunshot residue. Justice Cavanagh said body-worn camera footage showed Mr Borton was 'surprised and bewildered'. Taken to the station in a caged vehicle, he maintained during his initial interview that he had not fired any shots. After fronting Liverpool Local Court, he was denied bail and remained in a cell for three weeks.
No Evidence to Support Charges
Justice Cavanagh found there was no reasonable and probable cause to pursue Mr Borton's prosecution, stating the officer-in-charge, Detective Senior Constable Jason Blackbourn, was 'instrumental' in pressing the charge. While police may have been justified in the arrest, once forensic and ballistic evidence showed no bullets had hit the shed and there were no witnesses, proceedings should have been terminated 'within hours'.
'It should have been apparent to an experienced police officer such as DSC Blackbourn not just that the case was not strong, but that there was really no evidence at all to support the charge,' the judge said. 'Instead, Mr Borton wallowed in prison for 21 days and the proceedings were not discontinued for nearly five months.' The charge was finally withdrawn on September 3, 2020.
Malice and False Statements Alleged
Justice Cavanagh determined DSC Blackbourn was 'acting with malice' in pursuing the case despite no evidence. He noted it was 'curious' that the senior officer claimed in his evidentiary statement to have obtained statements from John and Janice Everson, but under cross-examination admitted he had not.
Following an earlier neighbour dispute, DSC Blackbourn also wrongly believed it was Mr Borton who had threatened to put an axe through John Everson's head, rather than the reverse. The neighbours' relationship had soured after the Eversons installed a spotlight shining into Mr Borton's bedroom, leading to confrontations where they allegedly insulted and threatened him.
Substantial Damages Awarded
The $755,236 damages award included $220,000 in general damages for loss of reputation, $27,300 at $1,300 per day for imprisonment, $50,000 in aggravated damages, and $262,000 for lost earnings. Mr Borton said he has been unable to work since April 2020 due to PTSD from the incident. He and his wife Angelique Borton sold their home in Glenorie.
Mr Borton told the court: 'If this is allowed to happen without consequences I can't live here. 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.' DSC Blackbourn no longer serves in the NSW Police Force.
