Ronald Charles Canning walks after court hearing admin cock-up
A Tweed Shire man who was previously acquitted over the attempted drowning murder of a police officer has walked free on separate matters after an admin cock-up, a court has heard.
Lismore
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A Tweed Shire man who was previously acquitted over the attempted drowning murder of a police officer has walked free on separate matters after an admin cock-up, a court has heard.
Ronald Charles Channing, 36, was brought before Magistrate Michael Dakin in cuffs and prison greens at Lismore Local Court on Tuesday.
Canning was sentenced to an 18-month jail term on September 30 last year after the crown proved Canning acted with intent to influence a witness and prevented a witness from attending judicial proceedings.
A District Court appeal against refusal of an annulment for the two charges was upheld on December 9.
Canning entered a plea of not guilty after that appeal was upheld in the District Court where the charges were sent back to the local court for hearing on April 1. Meanwhile, he remained in custody.
The Crown on Tuesday sought an immediate adjournment, telling the court the Tweed/Byron Officer In Charge did not receive a notice of the hearing.
“The OIC was to get a copy of the brief after appeal but did not get notice this was a hearing listing. He had not been able to get witnesses for the hearing,” she said.
“I’m asking the court to give the OIC time to subpoena the witnesses so the matter can be heard.”
Defence for the accused told the court despite police not being aware the matter was moved to local court, it was “unsatisfactory” that the OIC was not in court to prove he had attempted to contact witnesses.
“In relation to the facts on page two that I have, 31 October, 2022 – attempted murder of Murwillumbah police officer.”
“He was acquitted,” Mr Dakin said.
Canning’s lawyer argued the witness interference offences allegedly happened while Canning was in custody.
“The first happened while Canning was in a police transport vehicle and the next was while he was waiting in the court cells,” the lawyer said.
He said Canning should have been protected by not being put in a position that places him in contact with a witness.
“It’s extraordinary this even happened,” his lawyer said.
He said it was “simply unsatisfactory” for the crown to say they have no witnesses and the OIC was not prepared.
“My client has spent time in custody for past offending he was acquitted for – and now he has spent another long period of time in custody.”
Mr Dakin said the OIC didn’t receive any notice of Tuesday’s hearing despite it being appointed on December 9.
“The OIC is not here, I don’t know why, and the witness’ aren’t either,” Mr Dakin said.
He said an adjourned hearing would not come to court until mid-July, leaving Canning in custody for an additional three and a half months.
“It’s a real risk that would be disproportionate …,” the Magistrate said.
Canning’s charges were withdrawn and dismissed.
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