DNA evidence proves key as Glenfield man is found guilty of break-and-enter at ex-MP Daryl Maguire's farm

Disgraced former Wagga MP Daryl Maguire last week appeared at Wagga Wagga Local Court to testify at a hearing into an alleged break-and-enter incident at his horse agistment property.

On Friday (29 November), Glenfield man Khane Gilchrist appeared at the court, accused of breaking and entering Mr Maguire’s shed and stealing his .22-calibre Alexander Henry lever-action rifle earlier this year (between 10:45 am on 29 January and 10:25 am on 2 February). He was also charged with possessing drugs and threatening to injure police officers to prevent lawful apprehension.

Police prosecutor Sergeant Jasmine Carr told the court that Gilchrist allegedly broke into Mr Maguire’s shed at his North Wagga property. DNA evidence presented in court linked the 40-year-old to the handle of the gun safe.

Mr Maguire told the court he had owned 28 hectares (70 acres) of working farm with 80 horses since 2003.

He explained that to access the gun safe, one had to walk to the back of the shed, which is enclosed with tools, and must look hard to see and find the safe.

“My guns are stored in a lockable safe … it’s as tall as me and it’s got keys to unlock,” he said.

Mr Maguire added that only his son, himself and the caretaker had access to the shed.

Mr Maguire said that when he returned home to secure his gun, he noticed “a piece of foam on the floor and saw that the safe was open and the gun was missing”.

He confirmed that no one else was on the premises at the time and that he promptly contacted the police, who arrived shortly afterwards to begin their investigation.

When asked whether he had had any dealings with Gilchrist or recognised him, he said no.

During cross-examination, Gilchrist’s solicitor, Jessica Munro, questioned whether anyone else could have accessed the property.

Mr Maguire acknowledged that up to 50 people came to the property to feed their horses.

Ms Munro further asked whether Mr Maguire had informed the forensics team that the piece of foam found on the floor had been holding the firearm.

“They’re not stupid,” Mr Maguire replied.

“No, they are not,” Ms Munro said.

She asked whether there was any CCTV and Mr Maguire said there was a battery-operated system but during that time it was being repaired.

He said he was responsible for the repairs and no-one was aware it was being fixed at the time.

According to police reports obtained from the court, Gilchrist denied his involvement in the alleged break-and-enter during his police interview.

“I don’t know nothin’ about it to tell you. And that’s the … honest truth,” Gilchrist said.

Detective Senior Constable Brenton Harris told Gilchrist that the forensics team had taken several tape lifts from the gun safe and the surrounding area and had confirmed the DNA evidence on the gun safe handle belonged to Gilchrist.

Gilchrist then asked the detective what DNA is and the officer explained.

“I honestly don’t even know the property. I can’t tell you nothing because I don’t even know the property,” Gilchrist said.

“My ex, the one that got an AVO … she used to rent a horse stable out there years ago.

“I don’t know the property. I don’t know Daryl Maguire either, I just know that he lives down that road ’cause she used to rent a horse.

“But I don’t know him. I never met him.”

Magistrate Don McLennan found Gilchrist guilty of 1 charge of break & enter house etc steal value <= $60,000 charge and dismissed the charge of threatening to injure police officers to prevent lawful apprehension.

He formally denied Gilchrist’s bail and set his next court appearance for sentencing on 29 January, 2025.