A FARMER who accidentally shot his friend through the heart with a modified air pistol walked free from court after being cleared of manslaughter.
Adam Dixon, aged 34, shot 19-year-old gun enthusiast Karl Barry at point blank range in a freak incident in a cowshed at Sheephouse Farm in Smithills Dean Road, Smithills.
After a judge ordered a jury to find him not guilty yesterday, Mr Dixon spoke of his anguish over his friend's death.
Visibly upset, he said in a prepared statement outside Manchester Crown Court: "Not a day passes without me thinking of this awful accident.
"I hope the passage of time will allow some respite from the suffering all concerned with the accident and this case have endured."
The father-of-two, who held a shotgun licence, had been examining Mr Barry's Brocock Orion 3 air pistol, illegally modified to fire live bullets, when it fired -- killing the teenager instantly.
Judge Mr Justice Elias said there was insufficient evidence for a manslaughter case and told Mr Dixon: "I am sure it has been distressing for you having to face this trial."
He added: "One can only have enormous compassion for the family of the deceased. It has been a great tragedy for them and for Mr Dixon and his family.''
Manchester Crown Court heard Mr Dixon had always maintained he did not know the weapon was loaded -- thinking it would only fire airgun pellets or blanks.
He had thought the modifications were incomplete.
But the pistol fired as Mr Dixon cocked back the hammer -- hitting Mr Barry, who was working on his farm at the time, through the heart.
The trial collapsed when the judge upheld defence submissions that there was insufficient evidence for a manslaughter charge to go before the jury.
He directed them to acquit Mr Dixon of manslaughter and ordered that his costs be paid out of central funds.
The jury heard the pistol's modification turned it into a prohibited weapon.
The court heard the pistol's firing pin had been altered and a metal tube inserted into the chamber, which allowed it to fire bullets even by cocking the hammer."
Mr Barry was not authorised to keep it, but took it with him to Mr Dixon's farm on Friday, December 28, last year when the fatal accident tok place.
Graham Morris QC, prosecuting, said it was accepted Mr Dixon had never intended to harm or kill Mr Barry, from Chorley Old Road, Heaton.
He said: "There was no animosity between them. Mr Barry died in tragic and unnecessary circumstances."
Mr Morris had alleged Mr Dixon was guilty of gross negligence which amounted to a crime in handling the pistol in close proximity to his friend. But this was rejected by the judge.
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