Allegations of Abuse
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Blanket
secrecy provisions in the law governing the Police Complaints Authority (PCA)
are threatening to hamper the work of a Commission of Inquiry sparked by
allegations of police pack rape. At
the commission's first public meeting in "We
do have this legislative blanket," he said. "I'm sorry to be so
negative early in these proceedings, but it's a reality we need to
recognise." By
law neither the PCA nor its office holders can be called to give evidence in
any court or any proceedings of a judicial nature in respect of anything
coming to their knowledge in the exercise of their PCA functions. Outside
today's meeting, Mr Upton said there was a legal difficulty over the extent
to which the PCA could provide material to the commission. He
expects to have finished an assessment of the secrecy provisions by next week
and to then be in position to take instructions from the PCA. Commissioner
High Court judge Justice Bruce Robertson said the PCA secrecy provision was
one of two issues that could affect the commission's ability to achieve its
timetable. A
possibility might be for the commission to receive what evidence was
available to it, and anyone who felt constrained could find remedies in other
places to remove any constraints. The
second issue that could affect the commission's timetable was the fact
inquiries were under way into whether some present and former members of the
police could or should be prosecuted, Justice Robertson said. Clearly
there was an ongoing issue that would need careful and sensible attention to
ensure nobody's rights were infringed. The
commission had a deadline of November 1, which effectively meant it would
need to have its report in a final form by mid-September, he said. The
Government set up the commission to inquire into police conduct and procedure
when receiving and investigating allegations of sexual assault made against
members of the police or their associates. Commissioners
Justice Robertson and former senior public servant Dame Margaret Bazley are
also to inquire into police standards and codes in relation to police
personal behaviour, including sexual conduct. The
inquiry followed allegations by Rotorua woman Louise Nicholas she was raped
in a police house in Rotorua in the 1980s. Ms
Nicholas has alleged Clint Rickards, now a police assistant commissioner, and
former police officers Brad Shipton and Bob Schollum pack raped her. The
men have strongly denied the allegations. Mr
Rickards has been stood down from his job as A
second allegation before the inquiry is that of Judith Garrett who said she
was raped by a constable at Kaitaia Police Station in 1988. Today
Justice Robertson emphasised the commission was dealing with incidents where
complaints had been made to the police. "Some
people have written in drawing to our attention matters where they say they
were the subject of inappropriate behaviour, but there was no reference to
the police in any form. Those matters would not fall within our terms of
reference." By
next week the commission expected to have offices opened in Lambton Quay
where staff would be available at all times. Staff
would include a person or people who would hear the stories of those who had
contacted the commission and appeared to fall within the inquiry's terms of
reference, Justice Robertson said. In
the first instance the commission would be concentrating on the past 25
years, from January 1, 1979. Kristy
McDonald QC, representing the police, provided the commission with a list of
issues about which the police wanted details or clarification. Among
the issues was a request for a definition of sexual assault, and a query as
to whether the commission would concern itself with personal conduct that was
entirely lawful. She
queried what was meant in the terms of reference for the inquiry by the
phrase "the general propriety of members of the police in respect of
sexual matters", and asked what kind of conduct would be regarded as
relevant. The
commission is to meet again on April 8 to deal with the issues raised by Ms
McDonald. Meanwhile,
the police issued a statement today denying reports that the police
investigation file into Mrs Nicholas' allegations had been lost. "Police
are satisfied that they have secured the relevant historical documentation
required for the current investigation," the statement said. |
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