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Allegations of Abuse
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Retrospectively
scrapping the privacy of evidence to the Police Complaints Authority (PCA)
would undermine its past and future work, the Police Association said today. A
select committee today considered legislation that would allow a Commission
of Inquiry, set up after allegations of a police pack rape, to see files
covered by secrecy provisions. The
Government set up the commission to inquire into police conduct and procedure
investigating allegations of sexual assault made against members of the
police or their associates. Greg
O'Connor, Police Association president, told MPs that the special bill to
introduce temporary provisions enabling the commission to see PCA files on
the matter went too far. Police
and others gave evidence on the basis that it was secret and the legislation
would retrospectively remove that understanding. "If
removal of this protection is allowed the question that must be asked is what
or who are next? Will secrecy provisions relating to medical privilege or any
other whistle blower protections also be retrospectively removed if they too
become inconvenient? How can the public trust any claims that this will not
happen if a precedent has been set?" Mr O'Connor asked the committee. The
association said the commission could still get information from the PCA and
do its job if information was provided in a different way. Mr
O'Connor suggested cases could be dealt with anonymously and other
information aggregated. Where
the commission wanted to look at individual cases the consent of those involved
could be sought. If
individuals refused to waive the secrecy provisions and the Commission of
Inquiry thought further investigation was warranted the should have to apply
to the High Court to have the secrecy provisions lifted. Mr
O'Connor said the association -- which represents police officers -- welcomed
the Commission of Inquiry and said there was need for public reassurance
about the integrity of the police. He
did not believe the association's suggestions would undermine the ability of
the Commission of Inquiry to do its work or the public's confidence in that
work. The
Police Managers' Guild -- which represents senior officers -- also appeared
at today's hearing with other concerns about the proposals. Guild
lawyer Rob Davidson said the proposed bill needed to make clear that those
appearing before the commission should not have their evidence used against
them. Mr
Davidson said much of the evidence the commission would hear had already been
given to the PCA under protection from self-recrimination. He
said those giving evidence had to be sure they would not face prosecution
otherwise the work of the commission and the PCA in the future would be
undermined. The
Government introduced the Police Complaints Authority (Commission of Inquiry
into Police Conduct) Amendment Bill after the commission raised concerns
about the private nature of the PCA's files. The
provisions were designed to help the PCA get frank information from the
police and public during investigations. Such information could by
self-incriminating, personally embarrassing or there could be a fear of
retribution if confidentiality were not assured. Attorney-General
Margaret Wilson said at the time of the introduction of the bill it was
necessary to ensure public confidence in the inquiry. The
commission was not likely to start considering the relevant PCA files until
at least June and the Government hoped the bill would be law by then, Ms
Wilson said. It
would apply only to the current commission and would expire a year after the
commission reported to the Governor-General. The
commission 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. The
commission has said it will not investigate current criminal inquiries. |
