Jury out in cop’s misconduct trial
GEELONG cop Craig McDonald is now waiting on a jury to decide if he is guilty of two counts of misconduct in public office.
At 1.15pm yesterday, County Court Judge David Brookes sent the jury of eight men and three women out to begin deliberations.
Charges against Mr McDonald follow a call he made to colleague Jamie Kahle on August 8, 2014, during which it is alleged he attempted to persuade Sen-Constable Kahle not to prosecute his associate John Donnelly.
On August 23, 2014, the Crown say Mr McDonald attempted to impede a police investigation into a North Geelong burglary by giving the all clear to Donnelly and another man he pulled over near the burglary scene about half an hour after it was reported to police.
Judge Brookes told the jury it was its duty to decide “beyond reasonable doubt” if misconduct had occurred and that it must decide the community standard against which police officers conduct themselves.
“(To judge misconduct has occurred) the conduct must be so far below the acceptable standard as to amount to an abuse of the public’s trust in the office holder.”
Judge Brookes told the jury it must determine if Mr McDonald wilfully misconducted himself; had a reasonable excuse or justification for his actions; and if his actions were serious enough to merit criminal punishment.
He said each charge must be assessed separately.
“These are separate matters; you have to be careful not to let convenience (two charges in one trial) overwrite justice.”
The jury was told it must decide what Mr McDonald’s intentions were when he said “all correct” over the police radio on August 23, 2014. The court has heard “all correct” among police can mean no further investigation is needed but is also open to interpretation, and can mean further investigations will be completed.
The prosecution says Mr McDonald’s actions allowed Donnelly and Adam Hanns, the driver of the vehicle, to leave the scene on August 23.
When Mr McDonald — who has pleaded not guilty to all charges — gave evidence he said further investigation was needed, and he did not give the men permission to leave.
Judge Brookes urged the jury to complete its job without sympathy or bias.
The court has heard Donnelly was a member of the Rebels bikie gang at the time of the incidents.
Mr McDonald, who ran a construction business, said he was not aware Donnelly, who worked as his concreter, was a member of the gang.