Macdonald appeals mine charge
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Former NSW Labor Minister Ian Macdonald is appealing his 14-year prison sentence for corruption.
The conviction arose from Macdonald’s actions in 2008 as Resources Minister when he issued a mining exploration licence for Doyles Creek in the Hunter Valley.
The licence was granted directly, bypassing a competitive process, and was intended for a training mine, which was linked to John Maitland, a former union leader.
Maitland, initially charged as an accessory, was acquitted in the same trial.
Macdonald’s legal team claims the direct allocation was within established guidelines and aimed to address a skills shortage in the mining sector.
Barrister David Mackay, representing Macdonald at the Court of Criminal Appeal in Sydney, has argued that his client was wrongly convicted.
Macdonald attended the hearing via audiovisual link.
He argues that the decision to allocate the licence was motivated by a desire to create a training facility, with 19 letters of support backing the proposal.
His barrister highlighted that similar decisions had been made without cabinet review for public benefit.
However, Crown Prosecutor Brett Hatfield noted that while the direct allocation did not breach Department of Primary Industries guidelines, competitive processes were generally expected unless justified by specific public benefits.
The Doyles Creek project was projected to yield significant economic returns, with estimated coal reserves of 91 million tonnes and potential profits of up to $1 billion over 35 years.
The Crown expressed doubts about the project's justification, particularly the number of trainees it could accommodate, suggesting limited overall benefits.
Macdonald’s appeal centres on claims of a miscarriage of justice, contending that the trial judge's use of the term “motivation” instead of “purpose” impacted the verdict.
Mackay argued that Macdonald acted without personal gain, saying; “He did not receive any benefit - no money, no nothing from this decision”.
The Crown, however, maintained that there was no legal error or miscarriage of justice in the trial.
The appeal is the latest in a complex legal history involving retrials, allegations of ministerial misconduct, and broader corruption claims investigated by the Independent Commission Against Corruption (ICAC).
The judgement on Macdonald's appeal is currently reserved.