Robert Burke, 54, who fired a shotgun at his wife more than 30 years ago ‘as a joke’ has become the first to be convicted under the * ‘Clare’s Law’ domestic abuse scheme. He boasted to a colleague about the ‘prank’ in February last year. His colleague applied to police for information about Burke’s past and officers began investigating – leading to the landmark conviction.
Burke, from Rosyth, Fife, a first offender, claimed he fired a blank cartridge at his wife as a joke. He admitted that on or between November 20, 1984 and December 31, 1988 he assaulted his wife Selina Burke, pointed a shotgun at her and discharged it.
He was given a community service order, with 190 hours of unpaid work, at Dunfermline Sheriff Court on Wednesday.
Depute fiscal Claire Bremner had told the court that the couple married in 1982, had three children, and separated in 2014.
Burke’s wife had described him as ‘controlling and manipulative’ from an early stage. He collected weapons such as axes, air rifles and crossbows and used them for target practice in a quarry. He then acquired a shotgun.
His wife was in bed when he opened the door and pointed it at her. He said ‘that’s it’ and pulled the trigger. There was a loud bang and flash. She screamed but Burke laughed and left the room. In 2010, Burke’s wife told him their relationship was over, and he smashed a laptop. He also admitted malicious damage to the device between November 1 and 30, 2010. The couple eventually split up in May 2014.
The assault came to light after Burke began working beside a woman in February 2015. He boasted about the incident with the shotgun, adding: ‘She was even more p****d off when I pulled the trigger.’
The woman was concerned for the wellbeing of Burke’s new partner and contacted his ex-wife to check if this was true. When she confirmed it, she contacted the police.
James Moncrieff, defending, said Burke had the gun for a short period then got rid of it. He said of the shooting incident, ‘He thought at the time it was a joke. He now realises it was a very foolish thing to do. He was in his 20s at the time. He says their relationship was good at the time and doesn’t accept he was controlling and manipulative. He accepts things became strained later. It was a very ill-advised prank when he was a young man.’
Sheriff Charles Macnair said, ‘You pointed a shotgun at your wife and discharged it. It must have been terrifying for her even if it contained a blank.’
Detective Inspector Jim Leeson of the Fife Domestic Abuse Investigation Unit said, ‘Burke had not come to police attention in the past – domestic abuse by its very nature frequently happens behind closed doors and in this case went unreported for years.’
*Clare’s Law, named after Clare Wood, who was murdered in 2009 by her ex-boyfriend, allows people to ask police for details about a person’s background if they are feared to be an abuser.
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