Glowing references help keep cops out of jail

Glowing references and a "distinguished long career in the police" helped two Dunedin constables avoid jail in Dunedin District Court today after they kicked a motorcyclist they had been chasing.

Brenton David Rooney, 33, who was found guilty of injuring with intent to injure, was sentenced to two months' community detention with a 7pm-7am curfew and 100 hours' community work.

Duncan Roy Hollebon, 37, who was found guilty of assault with intent to injure, was sentenced to 160 hours' community work. Both men were ordered to pay the victim Daniel Wiel $500 for emotional harm.

The constables were found guilty by a jury in Dunedin District Court last month.

On February 15 Hollebon and Rooney had pursued Daniel Murray Wiel, who was driving a motorcycle without lights or a helmet.

Two junior police officers had Wiel restrained when Hollebon and Rooney approached him and kicked him while he was on the ground, the court was told.

The junior officers felt the force used by Hollebon and Rooney was too much. Wiel suffered moderate to minor injuries to his shoulder, ribs and eye socket.

The Crown had recommended a minimum of two years jail for Rooney and 15 months for Hollebon.

Judge Paul Kellar told the constables the results of their offending were going to have "undoubtedly devastating consequences for both of you".

Both men had long and distinguished careers with the police, Judge Kellar said.

"I have read the glowing references put forward in respect of both of you. I unreservedly accept you are both of excellent character as serving police officers. You possess characteristics that would make a sentence of prison very difficult," Judge Kellar said.

However, the offending undermined society's expectations of police and the otherwise high regard with which police were held, he said.

The victim was vulnerable because he was being restrained when the assault took place. Both constables denied the assaults were deliberate. However, they had since offered to pay reparation to the victim.

Rooney's lawyer John Farrow told the court it would be very difficult for him to get any employment after the charge as he would not be able to continue working with the police and rules meant security work was not likely for at least five years.

He pleaded for a more lenient sentence saying "a prison sentence for an ex-police officer would be severe. He would more than likely be transferred to Wellington to be protected from other inmates."

Both officers have been suspended on full pay since February 16, the day after the assault.

Southern District operations manager Inspector Lane Todd said after the sentencing that they would remain suspended pending the outcome of an ongoing employment investigation.

It was not clear how long the code of conduct process would take,

Mr Todd said the sentencing meant the public could have confidence such behaviour by police would not be tolerated.

- NZPA