Jethro Malane fronts court over attack on man at night

An off-duty Nagambie police officer chased a drunk man on the streets late at night and attacked him with a shovel on the assumption the latter had stolen a motorbike.

A Nagambie-based police officer convicted of chasing and attacking a drunken man on the streets with a shovel late at night has successfully appealed his conviction.

Senior Constable Jethro Malane was convicted in the Shepparton Magistrates’ Court in April on a charge of recklessly causing injury and sentenced to a two-year community corrections order.

The suspended 49-year-old filed an appeal in the County Court and Judge Peter Rozen, sitting in Shepparton, set aside Malane’s conviction on Thursday but ordered that he perform 200 hours of unpaid community work as the charge had been proven.

His lawyer Leighton Gwynn told the County Court that Malane has been suspended and would front an internal disciplinary hearing in future.

Malane attacked Ballarat man Reuben McLean on the night of December 11, 2021 on the belief Mr McLean had attempted to steal a motorbike. Malane’s partner captured the attack on video which was played in court.

Senior Constable Jethro Malane has successful appealed against conviction but will have to perform community work for attacking a man with a shovel.

Court documents showed Mr McLean, his partner and their son travelled to Goulburn St in Nagambie on the morning of December 11, 2024 to attend a family Christmas party.

Mr McLean had been drinking throughout the day and into the evening and fell asleep in a car about 8pm and when he woke up, he told his partner he wanted to ride his motorbike back to Ballarat.

She prevented him from doing so and when she took the keys to his motorbike, he became enraged and started yelling and swearing in public.

Malane came out from his home to enquire and not long after crossing paths with Mr McLean, he picked up a shovel and struck him a number of times, including while the victim was on the ground.

Mr McLean suffered non-life threatening injuries and sought medical treatment upon his return to Ballarat.

Malane’s lawyer said his client thought the force he used was necessary to defend himself, his partner and her 16-year-old son that night.

Off-duty police officer Jethro Malane chased and struck a drunken man outside his Nagambie home late at night.

Judge Rozen said what concerned him was that after initially trying to diffuse the situation, Malane pursued Mr McLean and struck him more than once when the victim tried to walk away on at least four occasions.

Malane could be heard in the video saying “Come on, let’s go” before Mr McLean got up and ran away before falling over and got struck again with the shovel, the judge said.

Mr Gwynn referred to Malane’s undiagnosed and untreated mental health condition at the time of the offending and said that he otherwise has had an exemplary record with Victoria Police.

He said Malane relied on a whole range of mitigating factors such as excellent prospects of rehabilitation, his self referral for treatment, family support, his admission when spoken to by police and his early guilty plea.

Mr Gwynn said the case has caused Malane thousands of dollars in lost income already and he was unsure if he’d be able to continue working as a police officer.