A PENSIONER fed up with school minibuses parking outside his house produced an air rifle after an argument with drivers, a court heard.

Former army weapons instructor Paul Adrian Kennedy, 67, of Ascot Way, Acomb, admitted threatening to destroy or damage property at Leeds Crown Court. A charge of having a firearm or imitation firearm with intent was ordered to lie on file.

Richard Gioserano, prosecuting, said on February 27 minibus drivers George Glew and Elizabeth White parked their vehicles close to Hob Moor Junior School, Green Lane, Acomb.

"The defendant lived nearby and was very unhappy about where the minibuses had been parked and made it pretty clear to Mr Glew and Mrs White," said Mr Gioserano.

"There was clearly a heated exchange which resulted in the defendant going into his house and coming out with the air rifle. There is no suggestion, in fact it's made clear by both witnesses, that it was never pointed at them at any stage."

Police found a number of air rifles and air pistols on searching the pensioner's house. A police weapons expert inspected the air rifle and found it was not actually capable of being fired.

Simon Waley, for Kennedy, said: "He was unhappy about a long-running dispute. The buses now park in the school car park so the dispute has been resolved. He accepts that in the context of the argument that had taken place before his actions would have been seen as a threat. It certainly wasn't his intention ever to use it."

Mr Waley said the only reason the gun was out of its locked display case was that Kennedy was taking it along with two others to a gunsmith.

"Had he not been about to take these guns to the shop they would never have been to hand, and this very unfortunate incident would never have happened," said Mr Waley.

Mr Waley said Kennedy had substantial health difficulties and was registered as disabled.

Sentencing Kennedy, Recorder Andrew Sutcliffe said: "You accept what you did was extremely foolish, which it really was. You have a very depressing record for dishonesty, but you have no history of abuse of firearms."

Kennedy received a conditional discharge for two years and a £100 fine.

Updated: 10:46 Thursday, September 25, 2003