Toowoomba man Logan MacDonald found not guilty at hearing after accused of obstructing police

A Toowoomba man has been found not guilty of obstructing police for intervening in the arrest of his brother. Here’s why.

At the Toowoomba Magistrates Court on Monday morning, June 3, Logan Ashley MacDonald pleaded guilty to causing a public nuisance, however he had one charge disproved during a trial – obstructing police. Picture: Google Maps and FILE

A young Toowoomba man who intervened in the arrest of his brother successfully fought a charge of obstructing police while representing himself during a hearing at Toowoomba Magistrates Court.

The charge arose following a fiery incident at a Toowoomba unit complex on Boxing Day 2022, when police arrested Logan Ashley MacDonald, for interfering while his brother Ricky was being taken into custody.

Magistrate Kay Philipson found Logan, 20, not guilty of hindering officers while they carried out the lawful arrest of Ricky.

However, on Monday morning, June 3, Logan, 20, did plead guilty to one charge of public nuisance in relation to the incident.

Tensions flared at a unit complex at 161 Campbell St, Toowoomba, on Boxing Day 2022, which led to a number of arrests. Picture: Google Maps

The court was told police were called to the unit complex on December 26, after reports of a fight in a carpark, and while speaking to residents the MacDonald brothers were drunk and disorderly towards officers.

Police alleged Logan continued to follow the officers from behind during the arrest of his brother Ricky and yelled, despite multiple warnings that if he did not get back, he would be arrested.

The arresting officer took to the witness stand and said he had to stop assisting a first-year officer who was taking Ricky into custody, to arrest Logan and ensure their safety.

“He could have hit me (from behind) at any time,” he told the court.

He said he did not want to arrest Logan – he was forced to.

The court was told during the arrest, Ricky threatened to kill the officers, fight them, and had also kicked them.

“I will kill you c--t,” Ricky said.

“You think you’re hard? I will fight you. You c--ts are weak.”

At the Toowoomba Magistrates Court on Monday morning, June 3, Logan Ashley MacDonald pleaded guilty to causing a public nuisance, however he was found not guilty of one charge of obstructing police at a hearing. Picture: Peta McEachern

Body-worn footage of the arrest was shown to the court twice, and showed Logan was upset and concerned for his brother’s welfare.

“You c--nts are f--ked – he’s on the car,” Logan yelled at officers.

“They made you bleed bruh… look at his elbow.”

Ms Philipson said in her view, at no time was Logan behind the officer, and noted he was arrested after Ricky yelled out in distress, which prompted him to continue his approach.

She said perhaps a charge of failing to follow a lawful direction would have been more relevant to the incident, and Logan did not do anything that was considered as an “obstruction”.

Ms Philipson fined Logan $500 for being a public nuisance, and told him to rethink his relationship with alcohol.

No conviction was recorded.