Allegations of Abuse
in NZ |
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A
secrecy clause that prevents the Police Complaints Authority from divulging
information may hinder the commission of inquiry looking into police pack
rape allegations. The
legal obstacle was raised at the inquiry's first public hearing in Under
the Police Complaints Authority Act 1988, PCA members and the organisation's
staff cannot be called to give evidence in respect of any investigation they
have undertaken. The
PCA have in the past conducted two inquiries into the way former Rotorua CIB
head John Dewar investigated various rape complaints made by Louise Nicholas
- one complimented him on a job well done while the other said he showed a
gross lack of judgment and competence. John
Upton, QC, who represented the PCA at yesterday's hearing, explained that the
secrecy provisions were likely to pose major difficulties in terms of how
much information the PCA could provide. "I'm
sorry to be so negative early in these proceedings, but it's a reality we
need to recognise," Mr Upton said. "The
authority does wish to co-operate, but even with the best will in the world
we do have this legislative blanket which seems to be all enveloping." Mr
Upton said he was reviewing the secrecy provisions to establish exactly what
information the PCA could provide. He would report back when the commission
meets next on April 8. The
Government set up the commission to look into police conduct and the
procedures officers use when investigating complaints of a sexual nature made
against their colleagues. But
Justice Robertson said yesterday that the fact a separate criminal
investigation was underway could also delay the commission's inquiry. Mrs
Nicholas has accused A
second woman, Judith Garrett, also claims she was raped by a police constable
in Kaitaia in 1988. "Clearly,
there's an ongoing issue that will require careful and sensible attention to
ensure that nobody's rights are infringed," Justice Robertson said. Ten
weeks have been set aside between May and September for the hearings to be
held, and the commissioners said the inquiry would primarily focus on
incidents and procedures adhered to over the past 25 years. Mr
Robertson reminded those present that it was not the commission's job to
determine criminal guilt. "Our
task is, 'was there a complaint made' and 'was it appropriately responded
to'." The
commission was also limited to examining complaints of sexual misconduct by
officers made to the police. "There
are some people that have written in drawing to our attention matters where
they say they are subject to inappropriate behaviour, but there are no
references to the police at all. "Those
matters would not fall within our terms of reference." |
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