Waikato Times
February 19, 1997
Amateur sleuths prove mate was innocent of crime
by Elinore Wellwood
Allen Collier is reunited with his family
six months after he was falsely accused, convicted and sent to prison for rape.
He owes his release to three people who found the evidence that he was
innocent.
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Paeroa's Mike Cotter, Mary Wano
and Gary Dela Rue aren't trained detectives or
lawyers.
But the small-town primary school teacher, office worker and Works Consultancy
manager did what the professionals -- lawyers and police -- failed to do.
After months of home-grown detective work they got their mate Allen Collier out
of jail for a rape he did not commit.
On February 22, 16 years ago, a 25-year-old woman accused Paeroa
cricketer Allen Collier of savagely raping her in the next-door flat.
It was only last year, he was charged, brought to trial in Hamilton, convicted
for rape and jailed for five years and ordered to pay $5000 to his alleged
victim.
One allegation was that police officers allegedly didn't do anything when the
rape was supposed to have been reported back in 1980 because Collier was their
mate.
Six months after Collier was sentenced, he was freed on appeal. His wife Mary Wano, Mike Cotter and Gary Dela
Rue gathered sufficient evidence to show he was innocent.
Allen Collier's name has been cleared.
For him, that's in the past. He's had the publicity to let everyone know he
didn't rape the woman, and that's it. He doesn't want to talk about it any
more.
But a question remains: how did his amateur mates-turned-detectives do what
trained lawyers and police couldn't or didn't?
Mary Wano says she knew as soon as he was charged
"out of the blue" that her husband hadn't done it.
"I knew him at the time, in 1980. We had a budding romance then. He was
just so nice."
After the jury's crushing verdict she drove home in shock. Immediately, that
same day, she rang friends, seeking the information that would establish an
alibi for Allen Collier.
Cricketing mate Mike Cotter was at Mary Wano's at
7.30am the day after the trial. It was June 29, a freezing winter day.
Mike Cotter had had no idea his friend was even charged with rape, let alone in
jail. It was kept quiet. "Their lawyer said it would be laughed out of
court. So they didn't tell anyone."
Collier's workmate Gary Dela Rue was also at Mary's
house that morning.
He'd been at the trial and drove home to Paeroa
behind Mary afterwards.
The trio say they cleared their friend's name by having a plan of attack and
local knowledge.
Teacher Mike Cotter was born and grew up in Paeroa.
He knew everyone and everything.
That's why he couldn't understand that not a whisper had reached him about
Allen raping someone.
"Come on, this is a small town. Everyone talks. You just
wouldn't not know. I talked to everyone, people who knew Allen better
than I did. But no one had heard anything."
On a hot summer February afternoon Paeroa is usually
full of youngsters walking home from school. In 1980, Mike Cotter knew the Paeroa Gazette was next to the flats and was printing on
Fridays.
"There's no way no one would have seen anything."
He also knew Collier. "If there's a naked woman and a beer in the same
room he goes for the beer. That's putting it a bit crudely but . . . "
The two played cricket for
On the allegation that police tried to protect Collier, Cotter said: "They
were no friends of his. If he's in a bar about 10.15pm and he's told to move on
by police he'll give them a bit of lip. He's no angel."
Mike Cotter asked for the renting records from the widow of the man who owned
the flats the rape was supposed to have happened in.
"I couldn't tell her what it was about -- all I could say was `find those
records -- a man's life depends on it'."
The records showed the woman had moved out weeks before the alleged rape and
that Collier did not move out for months. A key witness said they were both
living there at the time, and that Collier disappeared the next day.
THOSE notes were pivotal. Once the trio had them they could prove that Collier
couldn't have done it because the witness had given false evidence.
He also knew of several people who weren't called as witnesses who could have
contradicted evidence given in court by the complainant. That they weren't
called was inexplicable.
Meanwhile, manager Gary Dela Rue organised and
planned, passing out "activity lists" for each week. He had sat in
court during the trial, noting names and facts that had to be checked.
He went after the work records. He tracked them to a piled-up paper mountain in
a shed, and spent hours sorting through to find the right date.
Collier was at work on February 22, he proved.
"I arrived in court on Day One. I had never been in a court room before
and I realised the situation was serious. Collier had no real defence and not
even character references."
Gary Dela Rue remembers: "The investigation went
to plan without any setbacks but it was very time-consuming.
"It was particularly difficult and scary to locate (a witness) in
Australia and discuss the case with her, not knowing anything about her and not
knowing whether approaching her might jeopardise Allen's barrister's chances of
later getting an affidavit."
Mary Wano's job was to keep Collier happy in jail.
"It was hard. Very hard. I had to go in all
smiles and keep telling him to be strong. He was quite grumpy in the end."
When they had the evidence they went to lawyer Warren Scotter,
who worked with
Now, Collier's home again and back at work. He's taken 16 wickets for the team.
Mary Wano says he's changed. His jail stint will affect
him forever.
"He was a very strong or stroppy sort of person,
but that broke him a bit."
She's trying to keep him from becoming bitter and seeking revenge -- that's why
they haven't sought compensation yet.
"We have to live the rest of our lives."
Cotter says Collier doesn't talk much about what he went through in jail.
"We just talk about cricket and fishing."
His own view is: "If you're charged and you
didn't do it, throw everything at it. Do what we did. Get a team of friends on
to it to help the lawyer. Mortgage your house. Get the best lawyer."
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CAPTION:
AMATEUR DETECTIVES: Mike Cotter and Gary Dela Rue
remember the day their innocent friend Allen Collier was supposed to have raped
a woman in this block of flats
GET A GOOD LAWYER Mike Cotter "I f you're charged and you didn't do it,
throw everything at it. Do what we did. Get a team of friends on to it to help
the lawyer. Mortgage your house. Get the best lawyer."