A former police officer who lied about condoms during criminal proceedings against his partner who falsely accused her then-fiancé of rape has avoided full-time jail after convincing a judge he would be unsafe there.
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Scott John White, previously based at Queanbeyan Police Station, was found guilty by an ACT Supreme Court jury of perjury last December after pleading not guilty.
White fronted the court on Tuesday for sentencing after he lied during a 2015 ACT Magistrates Court hearing about allegations that his partner, Sarah-Jane Parkinson, made false rape and domestic violence accusations against her former fiancé.
During Parkinson's hearing, White, who was sacked after the guilty finding, told the court they had never used condoms, which was relevant because she alleged her assailant left a condom wrapper behind after raping her.
His evidence was given despite him previously telling another officer that condoms had been used during anal sex.
He also said he had a vasectomy and during his trial last year said he believed the questioning during the 2015 hearing related only to penile-vaginal sex.
Parkinson was ultimately sentenced to jail for her falsity.
On Tuesday, White said three people in the Alexander Maconochie Centre would pose potential danger to him because he was involved in their investigations during his time in the police force.
The offender, born in Wagga Wagga in 1982, said one of the men was a person of interest to the NSW Police's high-risk counter terrorism unit, which he had a covert role with.
During cross examination by Chief Crown prosecutor Anthony Williamson, who argued for full-time jail, White admitted to never having seen that man or spoken to him.
"He wouldn't know you from a bar of soap, would he?" Mr Williamson said.
"Potentially not but he may do," White said.
"He's someone I've dealt with loosely in the past and the other two I've dealt with directly."
One of the other two people charged with murder allegedly pulled a knife on White during an arrest in Queanbeyan.
The court heard that the commissioner for ACT Corrective Services said White being a former officer would make little difference and that he would be separated if there were potential harm.
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Justice Michael Elkaim sentenced White to a suspended 18-month jail term upon him entering a good behaviour order of two years.
Justice Elkaim said "a term of imprisonment is an obligatory product of the nature of the offending" but that the safety at the jail and other factors "take away the need for full-time custody".
"Although there is no evidence to the contrary, I found the commissioner's response to be difficult to accept," he said.
The judge said he had no doubt "that an effective prison grapevine" would lead to other inmates finding out White was a former police officer and that the "possibility of consequences" would follow.
"He is not to be sentenced for a whole of conspiracy, which resulted in [Parkinson's former fiancé] being incarcerated.
"The false evidence concerns only one discrete matter contained within a good deal of other evidence and ultimately did not have any impact on the guilt of Ms Parkinson," he said.
Justice Elkaim also cited White's good character, in which witnesses gave evidence about during his trial.
He said, however, he accepted that the saga was devastating for the victim and his family.
He said the objective seriousness of the offending was affected by White being a police officer as he should have known "the upmost importance of giving truthful evidence", which the prosecution said should be an aggravating factor.
He said the offender not having expressed remorse was "a product of his continued belief in his innocence".
Earlier in the hearing, the judge read parts of the victim impact statement by the mother of Parkinson's former fiancé.
She wrote that her family "has literally been torn apart from what was once a cohesive and trusting family unit to one that is now physically distant and without trust of anyone other than family members or close friends".
She wrote that her son was falsely jailed for months and the he lost his career, reputation, and freedom.
Defence lawyer John Purnell SC had argued for a 12-month fully suspended jail term. The court heard White has lodged an appeal against his conviction.
He initially faced two counts of perjury, but the jury could not reach an agreement related to the other count, which the prosecution decided not to proceed with.
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