Colin McKay dodges deportation, jail time for dealing drugs to outlaw gang members

A New Zealand man who dealt drugs to Mongrel Mob gang members in Mackay was nearly deported for his offending and came “perilously close” to losing everything.

A Mackay man who supplied drugs to outlaw gang members of the Mongrel Mob was caught when his phone was tapped in police operation Sierra Asteroid.

Colin McKay sold the drugs to alleged Mongrel Mob chapter president Karl Robert Bailey, who the court heard he reconnected with while working as a mine excavator operator. Mr Bailey has a number of matters before the courts yet to be finalised.

The 50 year old faced Mackay District Court after pleading guilty to 12 drug supply and possession offences committed between April 14 and September 16 in 2021.

The drug sales ranged from lesser amounts of cannabis to more serious transactions of schedule one substances like cocaine.

He was arrested during a police raid at his Rural View home on January 12, 2022, where police found 24 grams of cannabis, as well as seeds and utensils.

Judge Gregory Lynham heard McKay was detailed for 55 days until he was released on March 7 on strict bail conditions.

Originally from New Zealand, a jail sentence of more than a year could have meant deportation for McKay and his Australian-born family.

The good character test of the Migration Act rules in Section 501(7) that a sentence of more than 12 months qualifies as a “substantial criminal record”.

A substantial criminal record is an automatic fail of the character test and McKay would have had his permanent residency revoked.

Crown prosecutor Michelle Parfitt argued for a sentence of 12 to 18 months “which would be an appropriate to reflect the serious nature of the offending”.

“(This) acts as a personal deterrent to the defendant and a general deterrent to others,” she said.

“He is a mature man who comes before this court with a limited history, but some prior drug-related offending.”

Ms Parfitt described McKay as “effectively the middle man” in some of the drug supply charges.

Defence barrister Scott McLennan argued McKay was not close with the outlaw gang while offending and his behaviour had been excellent under bail conditions.

He said McKay had been drug-free for years due to regular testing at his mine job, but a workplace injury and chronic insomnia led to self-medicating with cannabis.

“My client has never had any involvement with the Mongrel Mob at all,” Mr McLennan said.

“As often happens, rather than Mr McKay elevating Mr Bailey through their friendship, the inverse occurred.

“Mr Bailey pulled down Mr McKay down into what he was doing.”

Mr McLennan said his client had “55 days in custody to think about it” and was extremely remorseful and ashamed.

The court heard McKay had been rigorously obeying bail conditions to report, complete drug rehabilitation programs, and provide clean drug screens.

Judge Lynham told McKay that, without his good behaviour on bail and the seriousness of uprooting an entire family, he would have sentenced him to 15 months.

“You’ve come perilously close to throwing all you’ve got in Australia away,” Judge Lynham said.

McKay received a 10-month sentence suspended for two years, allowing him to remain in his adopted country.