Man who fired air rifle twice outside York Mosque fined

Sarah Tyrer, prosecuting, told York magistrates Ian Peart, 44, sat in his car with the driver’s door open in the Islamic Centre’s car park at 2.30am on July 30.

An eyewitness returning home heard a gunshot similar to those heard on films and saw Peart’s rifle sticking out of his car and Peart himself in the car.

Then he heard the firearm fire and a puff of smoke rise where the projectile hit the ground.

Peart told police later he had been out to buy cigarettes at a 24-hour garage on Hull Road when he saw some rabbits in the car park and tried to shoot them.

He used his rifle during his work.

In a statement given as part of the interview procedure, he wrote that “He didn’t see anybody around and there was no intention of causing anyone any harm or fear,” said Ms Tyrer.

“There is no evidence to suggest it was an anti-Muslim act,” said the prosecutor.

“The defendant’s explanation seems to have been accepted by the police.”

Peart, of Bell Farm Avenue, off Huntington Road, York, pleaded guilty to having a .22 air rifle in public.

Magistrates fined him £317 and ordered him to pay a £114 surcharge and £85 prosecution costs.

They told him: “It is unfortunate this was done in a public place and it certainly caused alarm and distress.

“The fact that it was near the Mosque is irrelevant as there is no suggestion this building or its occupants were targeted.”

They rejected a prosecution request that the air rifle be confiscated after defence solicitor Harry Bayman said Peart needed it for his work.

As he left court Peart said he had no hostility towards Muslims, “None at all,” he said.

He said he was sorry if his actions had caused alarm and distress.

Mr Bayman said Peart was a self-employed pest controller and used his air rifle to shoot vermin.

He often used it at night because vermin were more likely to be around then.

“He shouldn’t have been using the item in a car park albeit it was deserted, and he was not aware of anyone around,” said Mr Bayman.

He said Peart had been intending to shoot rabbits on St Nicks’ Nature Reserve, which is close to the Mosque.

Ms Tyrer said the eyewitness took a picture and videos on his phone of the car and Peart and gave them to police, as well as the registration number of the car.

Police went to Peart’s home, arrested him and carried out searches.

They found the air rifle in his car and ammunition in his house.