Ex-MP Ian Macdonald got ‘nothing’ out of failing to put coal mining exploration licence to tender, lawyer says

The emotional wife of jailed former NSW politician Ian Macdonald gave media the finger on Tuesday outside the Court of Criminal Appeal where her husband appeared via video link to challenge his 10-year conviction for misconduct in public office over a coal exploration licence.

Anita Gylseth, wife of jailed former NSW Labor minister Ian Macdonald reacts to the media as she leaves the Court of Criminal Appeal on Tuesday. Picture: AAP

The emotional wife of jailed former NSW politician Ian Macdonald gave media the finger on Tuesday outside the Court of Criminal Appeal where her husband appeared via video link to challenge his 10-year conviction for misconduct in public office over a coal exploration licence.

The former Labor MP, who looked much thinner when he appeared via video link in his prison greens, smiled and waved to supporters in the public gallery including his wife, Anita Gylseth.

But the emotional toll on Ms Gylseth - who has always maintained that her husband is innocent - was evident when she walked outside on a break to find waiting media.

Macdonald’s wife Anita Gylseth reacts to media as she leaves the Court of Criminal Appeal on Tuesday. Picture: AAP

Ms Gylseth reacts to waiting media outside the Court of Criminal Appeal at the Supreme Courts in Sydney. Picture: AAP

Macdonald, 69, is challenging his conviction and sentence after he was jailed in June 2017 for at least seven years on two counts of wilful misconduct in public office.

The charges related to his signing over a NSW Hunter Valley coal exploration licence in 2008 without a competitive tender to Doyles Creek Mining, chaired by former union boss John Maitland.

Macdonald’s barrister Phillip Boulten SC told the appeal a bright line was needed to distinguish “sloppy or negligent conduct” in public office and criminal conduct punishable by jail.

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Former Labor MP Ian Macdonald is led out of King St court after being sentenced to 10 years jail.

Former Construction, Forestry, Mining and Energy Union (CFMEU) boss John Maitland is led away after being sentenced.

Mr Boulten said the prosecution in his client’s jury trial had needed to prove beyond reasonable doubt he had “the intention to decide the issue with an improper motive”.

But the trial judge didn’t direct the jury properly on intent, Mr Boulten told five judges in the NSW Court of Criminal Appeal.

An emotional Ms Gylseth is supported by a friend outside the Supreme Courts in Sydney on Tuesday. Picture: AAP

He said that when people held public office, there needed to be a bright line demarcating sloppy or negligent conduct on one hand and criminal conduct which could lead to prison time on the other.

“It needs to be clear to the jury that the impropriety needs to be so obvious and so determinative as to be a criminal offence,” Mr Boulten said.

He told the court there was no evidence to “sustain the existence of a motive”, although the prosecution suggested a motive of friendship.

There was no financial motive and Macdonald got ‘nothing” out of the exploration licence, the lawyer said.

He said Macdonald, as mining minister, made decisions in accordance with the Mining Act and he had a proper basis to directly allocate the licence.

He’s appealing his conviction and sentence while Maitland, who was jailed for at least four years for being an accessory to the misconduct, is just appealing his conviction.

Macdonald’s five grounds for appeal include that the trial judge misdirected the jury, that the jury’s verdicts were unreasonable and couldn’t be supported by the evidence and there was a miscarriage of justice because the prosecution had access to evidence compulsorily obtained at the Independent Commission Against Corruption.

The hearing continues.