Supplied  Mohamed Noor Justine Damond aka Ruszczyk combo image
Supplied Mohamed Noor Justine Damond aka Ruszczyk combo image

Cop who shot Aussie dead lodges appeal


THE former US cop who shot dead Sydney woman Justine Ruszczyk has lodged an appeal.

It comes after Mohamed Noor was sentenced to more than 12 years in jail in June over the death of Ms Ruszczyk.

She was shot after calling 911 to report a suspected rape near her Minneapolis home in July 2017.

The shooting happened when Ms Ruszczyk approached the police squad car on the driver's side. Noor, who was in the passenger seat, shot her. She was unarmed.

According to a statement released by Noor's defence team on Tuesday, his lawyers are taking issue with the third-degree murder charge.

They argued throughout the trial that the charge did not apply to their client.

Noor's legal team also believes the jury were not properly instructed on what constituted third-degree murder.

"The anticipated issues for appeal are whether the district court erred by limiting Mr. Noor's right to present a complete defense, allowing the State of Minnesota to engage in prosecutorial misconduct, improperly instructing the jury on Murder in the 3rd Degree and allowing charges to go to the jury which were not supported by probable cause," the statement read.

However, it was argued prosecutors Noor's actions were reckless and warranted the charge.

"The defendant fired his gun over the body of his partner," attorney Patrick Lofton told the court at sentencing.

"He did that in a residential neighborhood. He did that without saying a word. He did that despite Ms. Rusczyzk not saying a word. He did that despite the fact that she had nothing in her hands but a cell phone."