A judge has lambasted police after a Sydney man who was wrongfully accused of firing a rifle at his neighbour's shed was left to languish in jail for three weeks. 

Fencing contractor Luke Borton developed PTSD and anxiety following the ordeal and became 'obsessive' in his pursuit of justice, with the NSW Supreme Court on Monday awarding him $755,000 in damages over the bungled case. 

The court heard Mr Borton, a licensed firearm owner, was on his 15-acre property in the rural suburb of Glenorie, 44km northwest of Sydney, when the drama unfolded. 

His neighbour's son, Nicholas Everson, rang triple zero to report shots had been fired into his parents' shed about 9.30pm on March 29, 2020. 

Justice Richard Cavanagh said the call, played in court, showed Mr Everson was not panicked but appeared 'amused' and was merely offering an opinion when he identified Mr Borton as the likely source of the shots. 

He added it was 'surprising' Mr Everson appeared to be standing so close to the shed when he called emergency services. 

'In fact, Mr Everson said to the operator that there were three people standing next to the shed and there had already been two bullets that hit the shed,' he said.

'Why the three people continued to stand next to the shed into which bullets were being fired whilst the triple zero call was made is unclear. It might be thought that they might have moved out of harm's way rather quickly.'

Just after 1am, police stormed the Glenorie property with an armoured vehicle, declared a siege and called in the Tactical Operations Unit.

Mr Borton, believing he had done nothing wrong, went to the front door, raised his hand to shield his eyes from the glare and found an officer in all black behind an armoured vehicle aiming a rifle at him.

He was arrested and his wrists were bound with cable ties. 

The cable ties were later swapped for handcuffs and paper bags were placed over his hands to preserve potential gunshot residue.  

Justice Cavanagh said it was obvious from the police body-worn camera footage that Mr Borton was surprised and bewildered by the situation. 

He was taken to the station in a caged police vehicle and maintained during his initial interview that he had not fired any shots at the Eversons' shed. After fronting Liverpool Local Court he was denied bail and remained in a cell for three weeks.

Justice Cavanagh found there was no reasonable and probable cause to pursue Mr Borton's prosecution, saying the officer‑in‑charge, Detective Senior Constable Jason Blackbourn, was 'instrumental' in pressing the charge.

He said while police may have been justified in arresting Mr Borton, once forensic and ballistic evidence showed no bullets had hit the shed and there were no witnesses, the proceedings should have been terminated.

'This was the situation within a day of him being arrested,' he said. 

'It must be that within hours of (Mr Borton) being charged, (DSC Blackbourn) knew that ballistics did not support his view about the indentations and that forensics had not turned up anything of significance at the scene. 

'It should have been apparent to an experienced police officer such as DSC Blackbourn not just that the case was not strong, but that there was really no evidence at all to support the charge that had been laid.

'A decision should have been taken very quickly to withdraw the charge.

'Instead, (Mr Borton) wallowed in prison for 21 days and the proceedings were not discontinued for nearly five months.'

The charge was finally withdrawn on September 3, 2020. 

Justice Cavanagh determined DSC Blackbourn was 'acting with malice' in pursuing the case despite no evidence to support it.

He said it was 'curious' that the senior cop had said in his evidentiary statement he had obtained statements from John and Janice Everson, however under cross-examination he admitted he actually had not. 

Following an earlier incident between the neighbours, DSC Blackbourn also wrongly believed it was Mr Borton who had threatened to put an axe through John Everson's head, rather than the reverse. 

The neighbours' relationship had soured after the Eversons installed a spotlight that shone directly into Mr Borton's bedroom at night.

Despite Mr Borton's complaints, the light remained, and when he confronted the Eversons, they allegedly insulted and threatened him. 

Justice Cavanagh awarded Mr Borton $755,236 in damages. 

That sum included $220,000 in general damages including for loss of reputation, $1,300 for each day in prison totalling $27,300, $50,000 in aggravated damages, and $262,000 for lost earnings. 

Mr Borton said he has been unable to work since April 2020 because of his PTSD from the incident. He and his wife Angelique Borton sold their home in Glenorie.

Mr Borton told the court: 'If this is allowed to happen without consequences I can't live here. Because this could happen to me again at any stage and I cannot allow that to happen again. I need to get out of the country.'      

DSC Blackbourn no longer serves in the NSW Police Force.

The Daily Mail has contacted Mr Borton's legal representative for comment.