Ben Hamilton and his colleague and close mate Mark Deegan embarked on the plan as Hamilton didn’t want to end up stuck behind the Wodonga police station desk because he was going to lose his licence.

A speed camera detected Hamilton driving at 134 km/h on the Hume Freeway between High Street and Melrose Drive, Wodonga, in late 2010.

He and Deegan were returning late at night from a pistol course Hamilton was running for officers at Wangaratta.

A few months later Hamilton received a letter detailing the fine and a one-month driving ban.

From there, he and Deegan, 46, began work on trying to get out of the penalty, using the lie that Hamilton was speeding as he tried to catch a non-existent driver.

The pair will be sentenced this afternoon for their actions, which included writing a letter to their superiors to state Hamilton’s phantom driver scenario.

Neither man is still a police officer. They were suspended without pay after they were arrested and charged, and both resigned from the job on March 9, this year.

The men pleaded guilty yesterday in the Melbourne Magistrate’s Court to misconduct in a public office between July 15 and 27, last year.

Hamilton, 37, also pleaded guilty to exceeding speed in a 110km/h zone by more than 10km/h.

Charges of conspiring to and attempting to pervert the course of justice were dropped.

A third officer, who cannot be named because of a suppression order imposed by magistrate Luisa Bazzani, has pleaded not guilty to several charges over the episode.

He faces three counts of attempting to pervert the course of justice, one count of conspiring to pervert the course of justice and police make use of information contrary to duty.

Deegan used the police computer records system to discover details of a potential repeat unlicensed driver who could fit the profile of the driver they were going to make up to give Hamilton an excuse for speeding.

Details of phone conversations the men had with each other, and one Hamilton had with the third officer as well as a “tradie” mate were outlined in court yesterday.

The friend, when told of his plan, said to Hamilton, “I don’t like your chances”.

Hamilton replied: “I’ve pulled bigger miracles than this before.”

Ms Bazzani agreed with Hamilton’s barrister, Geoffrey Steward that this in no way suggested any involvement by Hamilton of attempts to pervert the course of justice.

“It’s not a banal offence,” prosecutor Damian Ellwood said in response to a defence description of the crimes perpetrated by Hamilton and Deegan.

Barrister Tony Trood, for Deegan, and Mr Steward both argued their clients did not deserve to be convicted.

They argued both men had already suffered greatly because of the loss of a career, rather than just a job, and also the harm to their reputations because of publicity of their case.

Mr Ellwood took issue with the submission by Mr Trood in which he said Deegan offended because of his loyalty and friendship with Hamilton.

“I accept Mr Deegan is not a corrupt person,” he said.

“Mr Deegan has acted out of mateship to help a friend.”

Mr Ellwood acknowledged the men had suffered a significant penalty through losing their job, “but why shouldn’t (they lose their career)”.

He said it was clear Hamilton and Deegan were officers of notable talent whose loss would be felt by the community.

“That’s the tragedy of this case,” he said.

Ms Bazzani said giving both men a conviction had to be seriously considered given Hamilton’s actions and those by Deegan in accessing the computer data base.

But she said it would not be fair to rush her judgment, telling Hamilton and Deegan she wanted to think about their case overnight.

She continued bail for both men to the Melbourne Magistrate’s Court today at 2pm.

Deegan and Hamilton will learn of their fate by video link from Wodonga Court.