Allegations of Abuse in NZ


Tim Ogle: Home   "A trial that should never have happened"


Page 2 - 2006 (Trial)

 




The Dominion Post
November 1 2006

Cop covered up rape claim, court told
by Deborah Diaz

A woman has testified that the top police officer in her Northland town lied to her about investigating her rape complaint against a constable then doctored her formal statement.

The cover-up allegations emerged on day two of the Auckland District Court trial of a former officer accused of raping the woman in a police station 18 years ago.

The accused's version of the alleged attack was also revealed during cross-examination: he claimed the woman asked to be handcuffed during consensual sex then told him he was "a naughty little policeman".

"This is someone else's fantasy, not mine . . . I was raped," the woman said.

The man denies rape, attempted sexual violation and assault charges arising from the March 1998 incident.

The woman told defence lawyer Gary Gotlieb that others at the pub had that night discussed an LA Law episode involving sex and handcuffs, but denied that she kissed and flirted with the accused in the car park afterward.

She denied that the pair fondled each other as they drove down the highway and that she willingly went into the police station for sex.

The woman said she complained to police the following morning. She approached an officer she knew and he referred the matter to the town's senior officer, a sergeant who had been drinking with the accused on the night.

She received assurances from him that it was under investigation and she believed the constable had confessed, was under house arrest and faced criminal charges.

She later found the accused was still on duty. It was only after a social worker and lawyer raised the matter with police that a formal statement was taken, on June 24.

When a detective from another town investigated, she said, "I realised [the sergeant] had been lying to me for three months."

She sought legal advice when no charges were laid and in 1991 filed High Court civil proceedings alleging an inadequate investigation. She lost the case and an appeal.

In cross-examination the woman said her June 24 statement was tampered with between the time it was taken and when she received a copy the day the civil trial began in 1994, when she mistakenly submitted it as accurate evidence. She later realised it was six pages short and her daughter's name was misspelled on the final page, which handwriting experts thought was falsified.

"I think it's extraordinary that this page came to light several years later -- [the sergeant] had left the police force and he was still carrying the final page of my statement in his pocket."

Cross-examination continues today. Yesterday, presiding Judge Michael Lance QC rejected a media request to lift name suppression for the accused.