Prison but no payout for sacked constable

By KEVIN TAYLOR and ROSALEEN MacBRAYNE

Disgraced Mangakino policeman Colin McLean has been sacked and has had his application to Perf declined after being sentenced yesterday to five years' imprisonment for rape.

The 37-year-old former senior constable was dismissed from the police by Commissioner Rob Robinson after his sentencing in the High Court at Rotorua.

McLean's $52,000-a-year salary was terminated this week amid controversy about his application for a Police Employment Rehabilitation Fund (Perf) payout.

Under the Perf scheme, McLean could have received his full superannuation payout, two-thirds of which paid for by the taxpayer.

But Mr Robinson said yesterday that McLean's Perf application had also been declined.

"Integrity is an important part of who we are and what we do. Any conduct by police officers that is inappropriate in the public's eyes erodes public confidence," Mr Robinson said.

"I would like to assure the community that any police officer found committing any crime will be dealt with as fairly and swiftly as possible in future."

Defence lawyer David Bates said McLean would consider whether to appeal against his sentence.

McLean was found guilty by a jury early last month of one charge of rape and one of assault on a female.

On the assault count, Justice Robert Chambers sentenced him to 14 days' imprisonment, to be served concurrently.

McLean took yesterday's decision calmly, glancing back at family and friends in the public gallery as he was led away.

Outside the court, supporters said the sentence "could have been worse."

Flanked by her mother and sister, McLean's partner of two years, Robyn Gabolinscy, proclaimed his innocence and said she would be standing by him.

He was a very honest and very caring man, she said. "You could ask a number of people."

Ms Gabolinscy was critical of the way the investigation had been conducted and the treatment she and McLean had received. Reading from a statement, she said: "Because of the confines of the law, there are a lot of things that the public aren't ... aware of. There have been people ... who have been less than truthful."

In court, crown solicitor John McDonald said McLean had still not accepted the jury's verdict and had shown no compassion for the complainant.

McLean maintained he was not guilty of rape and had done nothing wrong.

Justice Chambers said the complainant should be compensated for the emotional harm she suffered, but he could order no reparation because of McLean's lack of tangible financial assets.

As far as the Probation Service could ascertain, McLean had only $1000 in the bank.

Justice Chambers said McLean had debts of $63,000, mainly to his lawyers for the two trials he had faced.

Justice Chambers said he accepted that McLean had, until the incident, an exemplary police career extending over 15 years and was a first-offender.

Because he was a former policeman, McLean would suffer "much more than any ordinary rapist." He had lost his livelihood and career and was subject to extreme public vilification and humiliation.

He could expect some harassment in jail.

"Prisons are tough places."

McLean, aged 37, coached rugby, helped organise Blue Light discos, and was part of initiatives to curb youth crime in the depressed south Waikato town of Mangakino, where he had worked since 1991.

When the father-of-four was charged with sexual violation and assault in February last year his workmates at the tiny Mangakino station were shocked - as were many others in the 1500-strong community.

Locals were still getting over the murder of McLean's workmate, Constable Murray Stretch, the previous May, when he was kicked to death by Carlos Namana.

One Mangakino resident, who did not want to be named, said he should get the full perf payout.

"Surely 15 years of service entitles him to this. His children would and should benefit somehow in all this mess."

The resident said there was still plenty of support for McLean, who had been unfairly maligned by the media.

"Colin related well to children and had an obvious affinity with them - his own children adored him. He often attended playcentre with his children and was always a hands-on parent."

One of McLean's former workmates said the charges came out of the blue.

"We were shocked and stunned for about a week," said Constable Mike Hudson, who started work in Mangakino just weeks after Constable Stretch died.

"We had the conviction of the fire chief [for arson], the murder of a police constable, and this."

McLean had been Mangakino's senior officer since 1996. He joined the force in 1985.