NOT GUILTY
Geelong cop Craig McDonald has been cleared of one count of misconduct in public office, as jury continues to deliberate on a second charge of misconduct.
THE fate of Geelong cop Craig McDonald hangs in the balance with a County Court jury in his misconduct trial entering its third day of deliberations today.
Yesterday, the jury of eight men and three woman found the 48-year-old not guilty of one charge of misconduct in public office.
But the group was unable to reach an unanimous verdict on a second charge of misconduct laid against the highway patrol officer.
That charge alleges Mr McDonald attempted to impede a police investigation into a burglary in North Geelong on August 23, 2014, in which Rebels bikie John Donnelly was a suspect.
Late yesterday Judge David Brookes gave the jury the opportunity to reach a majority 10-to-1 verdict.
The judge had earlier told the jury to reconsider their positions.
“Please return to the jury room and consider your verdict. Try your best to reach a unanimous verdict,” Judge Brookes said.
“With some calm discussion you should be able to reach a unanimous verdict.”
But by 3.30pm the jury returned, again telling him they were unable to reach a unanimous verdict.
The charge they are deciding relates to Mr McDonald saying “all correct” over the police radio seconds after he pulled over Donnelly and Adam Hanns on August 23, 2014, near the scene of a North Geelong burglary.
The court was told the ute the pair was in matched the description of a ute reported leaving the burglary scene half an hour before they were pulled over.
Of the “all correct” call, Mr McDonald said: “I had no offences in front of me and (I thought) that further inquiries had to be made”.
The court has heard “all correct” among police can mean no further investigation is needed, but it is also open to interpretation, and can mean further investigations will be completed.
Mr McDonald’s barrister, Geoffrey Steward, said his client was innocent because “all correct” was “palpably ambiguous”. The Crown alleges “all correct” gave Donnelly and Haans permission to leave the scene.
The not guilty verdict in favour of Mr McDonald was delivered more than three years after he was charged with attempting to persuade a colleague not to prosecute Donnelly.
The jury took more than five hours to reach its verdict on the charge stemming from a phone conversation Mr McDonald had with colleague Jamie Kahle minutes after Sen-Constable Kahle let Donnelly go on August 8, 2014, pending summons for traffic matters.
Mr Steward said Mr Kahle’s recollection of a phone conversation with Mr McDonald on August 8, 2014, was inconsistent.
“The chief Crown witness can’t tell you if it was an innocuous inquiry or something that might amount to a criminal offence,” he said.
The nine-day trial that heard from 14 witnesses was told Mr McDonald and Donnelly exchanged multiple calls and text messages after Donnelly twice came to police attention in August 2014.
One call and multiple texts came in the minutes and hours after Sen-Constable Kahle let Donnelly go pending summons on August 8, 2014.
Mr McDonald, who said he had known Donnelly since 2010, told the court he was not aware the man was a member of the Rebels motorcycle gang.