Disgraced West Coast policeman Peter James McCutcheon escaped a jail sentence today, his lawyer saying that all he had left to lose was his liberty.
In Greymouth District Court, Judge Brian Callaghan sentenced the former Ross sole-charge policeman to 300 hours' community work.
McCutcheon had admitted falsifying search warrants to
obtain the telecommunications records for his partner's two cellphones.
Lawyer Stephen Hembrow said it was "tragic case" that destroyed the career of a man who had led a blameless life which included service to search and rescue, fire brigades and other community organisations, as well as the police.
"He's still at a loss to explain how his judgment got so wildly out of synch."
Mr Hembrow said McCutcheon's losses had been "immense".
"He has resigned from the career of his choice. He has lost his house. He has lost his community. Lost the permanence and security of employment," he said.
"He does have another job but will never again have the status or satisfaction of his old one.
"The biggest loss, however, has been his self-respect and dignity. He is grossly ashamed.
"This man is crushed. He's crushed by what he's done. Something that was completely against any tenet he had held all his life."
McCutcheon last month admitted three counts of swearing false affidavits to obtain search warrants and two of fraudulently using Telecom information request forms during 2004, when he suspected his partner, stationed in Wellington at the time, was having an affair.
Mr Hembrow said McCutcheon had initially not set out to offend but took the opportunity to add his partner's number to the list when he was filing a legitimate application for a search warrant.
He eventually realised the folly of his actions and confessed to his partner. He also discussed the issue with a colleague, who reported it to a more senior officer who then initiated the court proceedings.
McCutcheon did not offend for financial gain or career advancement, Mr Hembrow said.
"Nor was it to 'fit someone up' or to shore up a case. He simply wanted to find out who his partner was talking to on the phone."
Judge Callaghan said every New Zealander had a right to expect the absolute confidence in police.
McCutcheon had eroded that trust and committed a "terrible breach of trust".
- NZPA
