Ian Macdonald to walk out of jail today after winning appeal

Former Labor MP Ian Macdonald will walk out of jail today after winning his appeal.

The Court of Criminal Appeal quashed his conviction for misconduct in public office and ordered a re-trial.

Macdonald was sentenced in 2017 to a minimum of seven years behind bars after he was found guilty of awarding a lucrative mining exploration license to former union boss John Maitland.

The Crown had suggested he did that because he expected Maitland would help him when he left Parliament.

Maitland was also convicted and jailed for a minimum of four years.

During the appeal last November, Macdonald’s barrister Phillip Boulten SC argued it was never proven the decision to grant the license was entirely sinister.

“There needs to a bright line that demarcates sloppy or negligent conduct… and criminal conduct that can lead to 10 years imprisonment” he added.

Today the appeal court said the trial Judge had made a mistake when directing the jury.

“The trial judge should have directed the jury that Mr Macdonald could only be found guilty if the power to grant consent to apply for an exploration licence and the power to grant the exploration licence would not have been exercised, except for the illegitimate purpose of conferring a benefit on Mr Maitland and Doyles Creek Mining Pty Ltd.”

There was a second reason but the court ruled that should be kept secret, subject to a non publication order.

Maitland’s conviction was also quashed.

Both men immediately applied for bail and that was granted on conditions which include reporting to police once a week.

Outside court Macdonald’s partner said she was ‘overwhelmed’ and insisted he is ‘innocent.’

The case returns to court on Friday.