Former NSW minister Ian Macdonald has conviction quashed

Former NSW minister Ian Macdonald has been released on bail after his conviction was quashed for misconduct in public office. The 69-year-old was jailed for 10 years.

• Macdonald hopeful of walking free
• Life and times of Ian Macdonald

With a cardboard box full of his jail-cell possessions on his shoulder, former union boss John Maitland walked out on bail today after a court sensationally overturned his convictions and those of former NSW minister Ian Macdonald.

The two friends now face a wait to see whether the Director of Public Prosecutions will put them before a jury again after the Court of Criminal Appeal quashed their convictions and ordered retrials.

Ian Macdonald walks free from Long Bay Correctional Centre. Picture: Brett Costello

As they returned home to their families, Mr Maitland’s wife Carole said she was “over the moon” while Mr Macdonald’s wife Anita Gylseth said she was “overwhelmed”.

Their cases, which came out of a controversial Independent Commission Against Corruption investigation, will be mentioned in the Supreme Court on Friday after they were both released on bail.

The former Labor politician had been in custody since 2017, when he was jailed for 10 years, with a minimum of seven, after being found guilty of two counts of wilful misconduct in public office.

Former union boss John Maitland leaves Silverwater Jail. Picture: Justin Lloyd.

Mr Maitland had been jailed for six years, with four years non-parole, on two charges of being an accessory to the alleged misconduct.

Mr Macdonald was the state minister for primary industries and resources when he was alleged to have favoured the interest of Doyles Creek Mining, chaired by Mr Maitland, over the interests of the state when he granted a Hunter Valley training coal mine coal exploration licence in 2008 without a competitive tender.

However the five appeal court judges ruled today that the trial judge had misdirected the jury over what emphasis they should place on the motivation of Mr Macdonald.

The appeal court said the misdirection came when Justice Christine Adamson had summed up to the jury “Why did he do it?”, adding “did he grant consent because he was substantially motivated by furthering the interest of the state … or did he grant consent to benefit Mr Maitland or DCM” inviting the jury to speculate as to the significance of the competing motives.

Ian Macdonald was jailed for 10 years but has had his conviction quashed. Picture: AAP

Former union boss John Maitland has also had his conviction quashed. Picture: Toby Zerna

The appeal court said jurors should have been directed that Mr Macdonald could only be found guilty if he wouldn’t have exercised his powers to grant consent to apply for the licence, and grant the licence itself, except for the illegitimate purpose to benefit Mr Maitland and DCM.

Mr Macdonald and Mr Maitland had denied the offences and Mr Macdonald’s lawyers argued he granted the licence because of the merits of the proposal and not because he was “mates” with Mr Maitland.

Anita Gylseth, wife of Ian Macdonald, leaves the Court of Criminal Appeal in Sydney. Picture: AAP

“It’s good to be free,” Mr Maitland, 72, said as he left Silverwater Jail.

“The most important thing is that I’ve got my family with me. They’ve been through a massive emotional and financial trauma.”

Mr Macdonald, 69 walked from Long Bay Jail and said he was grateful to family and friends who had “stuck by me through this long period”.

NSW Premier Gladys Berejiklian said she was “concerned” by the ruling.

“I don’t want to jeopardise any future proceedings, but I’ll say it’s always concerning,” she said.

NSW Attorney-General Mark Speakman said the decision about whether to retry the men would be up to the DPP Lloyd Babb SC.

“The independent Director of Public Prosecutions will have carriage of the matter and I will expect the matter will be prosecuted in the usual full and fair firm manner,” Mr Speakman said.

A spokeswoman for Mr Babb declined to comment.