Ronald Charles Canning found not guilty of trying to drown Tweed police officer Sergeant Mark Maxwell in Murwillumbah drain

A Qld man has been found not guilty of trying to drown a Tweed cop in a drain, despite thinking he was “f--ked” and no one would believe his side of the story. Here’s what happened.

Ronald Charles Canning has been found not guilty of the attempted drowning murder of Tweed Byron Police Sergeant Mark Maxwell in a Murwillumbah, Tweed Shire drain. Pictures: NewsLocal/Bonaddio and (inset) Facebook

A Queensland man has been found not guilty of trying to drown a Tweed cop in a shallow Murwillumbah drainage canal, despite initially worrying he was “f--ked” and no one would believe his side of the story.

Ronald Charles Canning, 33, was too drunk to form the intent to murder, a judge has found.

Mr Canning faced a judge-only trial in Lismore District Court after pleading not guilty to the attempted murder of Tweed Byron Police officer Sergeant Mark Maxwell in the Murwillumbah drain on October 31, 2022.

Ronald Charles Canning has been found not guilty on all charges. Picture: Facebook

He also denied intentionally choking a person and intimidation intending fear or harm – and on Thursday Judge Jonathan Priestley found Mr Canning not guilty of all three charges.

During the trial which began April 15, the defence told the court Mr Canning was just trying to flee arrest and did not intend to take the officer’s life.

Tweed officer Sgt Maxwell told the court he struggled for his gun as he feared he would drown.

Sgt Maxwell told the court he chased a wanted Mr Canning into the water at Murwillumbah, was overpowered and fought to reach his gun as he struggled for breath, fearing he would die.

Defence barrister Jason Watts described that version of events as “exaggerated, misconstrued, misdescribed”.

Mr Canning was seen drunk and arguing with his partner before he bolted and ended up in the drain with the officer.

Wentworth St at Murwillumbah in the Tweed. Picture: Tweed Daily News/David Bonaddio

Under cross examination, Sgt Maxwell did not say why he had not been wearing a camera or radio on shift. Judge Priestley suggested he may have been “a bit unprepared on that day”.

Mr Canning was detained due to an outstanding warrant, but the defence argued he was never formally told he was under arrest for alleged attempted murder, and police did not note he was intoxicated, the court heard.

In a video shown to the court by NSW Police, Mr Canning banged a table and exclaimed: “Attempted murder? This is f--ked, man – no one’s gonna’ believe me.”

“I’m f--ked, aren’t I?” he continued.

Mr Canning was found not guilty of all three charges.

On Thursday, Judge Priestley said the case hinged on the prosecution proving Mr Canning’s state of mind – and intent to murder beyond reasonable doubt, which it failed to do.

Judge Priestley told the court Mr Canning was too drunk to form intent.

“If I wasn’t f--king drunk tonight none of this would have happened,” Canning told Tweed Heads detectives.

The judge said: “The accused couldn’t form any intent due to his level of intoxication.”

“I am satisfied Mr Canning was intoxicated at the time … ,” he added.

Judge Priestley said Sgt Maxwell’s evidence in court differed somewhat from statements and he could not estimate the time his head was underwater.

There was reasonable doubt Mr Canning was simply trying to flee arrest and he had not intent to murder a cop, the court heard.

He found Mr Canning appeared to have been essentially dragged on top of the officer while trying to run, rather than jumping on him.

The struggle was likely a result of Sgt Maxwell’s actions to apprehend Mr Canning while he was pushing to “get away”, the judge said.

Judge Priestley said the possibility was “open” Mr Canning was trying to resist and escape arrest, and going back to prison, rather than intending to deprive the officer of oxygen.

It was also found threats Mr Canning made to others on the day to burn down a home were “over (the) shoulder, thoughtless, intoxicated slurs”.