A police senior constable who wrongfully accused an innocent man of endangering another officer has been spared jail but not a conviction.
Thomas Edward Horsburgh, 35, pleaded guilty in the Victorian County Court to misconduct in public office and attempting to pervert the course of justice over the June 2020 incident southeast of Melbourne.
Horsburgh and colleague Nathan Evans attempted to intercept the victim in his car at the entrance of a service station at Longwarry.
CCTV of the incident showed Evans get out of the police van about 3.35am on June 28 and start to approach the victim's car before the man suddenly drove off.
Evans ran after him and Horsburgh followed in the car but the victim managed to evade the officers.
The two officers arrested the man later that day and accused him of fleeing the car after Evans opened the driver's side door and had his hand near the ignition.
Horsburgh charged the man with recklessly exposing an emergency worker to risk by driving and failing to stop.
Evans later prepared a statement witnessed by Horsburgh, in which he reiterated that he had been at the driver's side door with his arm in the vehicle when the man began driving.
Horsburgh became the lead investigator in the case and prepared the brief of evidence, including his own statement confirming what Evans had said.
Charges were dropped in September 2021 after the innocent man's lawyer criticised the inconsistencies between the CCTV footage and the officers' allegations.
Both Horsburgh and Evans were referred to Victoria Police's internal investigative unit - Professional Standards Command - in April 2023.
Each was charged with offences in January 2024.
Evans took his case to trial and was acquitted, while Horsburgh pleaded guilty following a sentence indication hearing in April.
Judge Stewart Bayles on Thursday described the offending as striking at the heart of the criminal justice system as he convicted and sentenced the former police officer to a two-year community corrections order.
"The office you occupied holds considerable power," the judge said.
"Misuse of that trust is inherently serious."
Judge Bayles accepted Horsburgh had served as a police officer with distinction for nine years, with others describing him as a man of integrity and strong work ethic.
The 35-year-old had suffered great disappointment in losing his job and the threat of imprisonment while the case was delayed had weighed heavily on him, the judge said.
Jail would ordinarily be expected for such serious offending but a community corrections order was capable of deterring Horsburgh and others, Judge Bayles said.
Horsburgh will have to complete 150 hours of unpaid community work as part of his corrections order, as well as treatment for alcohol abuse and mental health issues.
