Dumped not drowned: Ronald Charles Canning says he tried to run, did not try to kill Sgt Mark Maxwell in Tweed canal

A North Coast police officer says he was nearly drowned by a fugitive in a dirty canal, but a defence lawyer says the incident was more like being dumped by a wave in the surf. Here’s the latest.

Ronald Charles Canning, 33, is on trial in Lismore District Court for the attempted drowning murder of Sergeant Mark Maxwell at Murwillumbah in the Tweed in 2022.

A North Coast police officer claims he was nearly drowned by a fugitive in a sludge-filled canal, but the defence says the incident was more like being dumped by a wave in the surf.

Ronald Charles Canning, 33, is on trial in Lismore District Court, denying trying to drown Tweed Byron Police officer Sergeant Mark Maxwell in the Murwillumbah drain on October 31, 2022.

Ronald Charles Canning, 33, is on trial, denying trying to drown the police officer. Picture: Facebook

Judge Jonathan Priestley has heard in the judge-only trial which began Monday that Sgt Mark Maxwell allegedly battled to reach his gun and tried to punch Canning off him as he felt his life slipping away in the water.

Canning had a Queensland warrant out for his arrest when the officer chased him, the court heard.

Canning, linked to Queensland and Leichardt in Ipswich, has pleaded not guilty to attempting to drown a person with intent to murder, intentionally choking a person, and intimidation intending fear or harm.

Defence barrister Jason Watts has questioned Sgt Maxwell and indicated his account is hyperbolic.

Sergeant Mark Maxwell claims he was nearly drowned at Murwillumbah in northern NSW. Picture: Tweed Daily News/David Bonaddio

He told the court he would be examining police process and procedure, that Canning did not intend to murder – and statements claiming that was the case were “exaggerated, misconstrued, misdescribed”.

Sgt Maxwell told the court Canning “jumped off the bank with hands on my forehead while I was in the water”.

“I could feel hands over my face forcing me down,” he said.

“I opened my eyes and could see darkness – long enough to feel I was going to die.

“I believed I was going to die and tried to draw my gun – I tried a few times … ”

Sgt Maxwell said he swallowed the dirty water and thought “this was it”, but Mr Watts likened the sensation to being dumped by a wave in the surf and losing breath.

The drain, or canal, at Murwillumbah in the Tweed. Picture: Tweed Daily News/David Bonaddio

The policeman could not say how long he was underwater and failed to tell a detective he tried to pull the gun.

Mr Watts said: “You tell us you’re trying to get your gun out because you thought it was your only way out, and when I ask you if the man who came to help you (resident Adam Bartlett) asked about your gun you “don’t recall” – is that the best evidence you can give?”

He said Sgt Maxwell could not estimate how long his head was under, but could say how long he stood catching his breath afterwards.

The defence lawyer said the struggle could have taken seconds, not minutes, and wrestling with someone under the water could have made the time frame feel longer.

Ronald Canning. Picture: Facebook

Mr Watts added: “You didn’t have water on your lungs – you said you were treated for water on your lungs, but X-rays on your chest were clear.”

Canning had jumped into the drain and was climbing the bank when Sgt Maxwell grabbed his right ankle and pulled him back, the court heard.

“He turned around and I knew I was in trouble,” Sgt Maxwell said.

“ … knowing he had the upper ground, he started lunging punches towards me and in doing so he’s jumped on top of me and forced my head underwater,” he told the court.

Mr Watts alleged Sgt Maxwell caused Canning to fall on top of him after he grabbed him, and that he kept Canning from fleeing the situation.

“You did drag him back into the canal?” Mr Watts asked.

Sgt Maxwell replied: “No, I dragged him down the bank, not into the canal.”

Mr Watts said: “He (Canning) is waving his arms around and was pushing you away from him.”

The officer disagreed: “No, he was pushing me down – I was fighting for my life.

“I was in dirty water up to my chest and sludge to my knees,” he said.

The trial continues.

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