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Allegations
of Sexual Abuse in NZ |
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Evidence of violation lacking, policeman says Tauranga: A senior
police officer who investigated sex crime allegations against a Tauranga
constable told the High Court on Thursday charges should not have been laid
because there was not enough evidence. Senior Sergeant Ross Ardern was in charge of the investigation into allegations
that Senior Constable Fredrick John Follas sexually
violated a female prisoner in Tauranga Police Station. Follas (44) has pleaded not
guilty. It is alleged he
attacked the woman in a shower in the women’s cell block in the police
station on February 5 last year. On Thursday, on day
four of Follas’ trial in the High Court at Rotorua,
Snr Sgt Ardern told the court of his conclusion at
the end of his inquiry. “I made a
recommendation, to be considered by the Crown, that I did not consider there
was sufficient evidence to proceed with a criminal charge.” Snr Sgt Ardern was answering a question under cross-examination
from defence lawyer Rachael Adams. Snr Sgt Ardern was the last of 17 witnesses called by Crown
prosecutor Jonathan Temm to back up the woman’s
claim that Follas had sexually violated her. Snr Sgt Ardern then took the jury of six men and six women
through a 90-minute video interview he conducted with Follas
on Sunday, February 8, last year — three days after the alleged violation
took place. During the interview, Follas denied he stared at the woman while she was
getting dressed, asked her to drop her towel and show him her naked body and
finally sexually violated her in the female shower area. “Total fabrication,
absolute total fabrication. I deny any wrong-doing with that female in any
inappropriate way whatsoever. I didn’t even see her naked,” he said. Follas also outlined to Snr
Sgt Ardern how the woman had been in custody in the
station’s cells before so he knew her behaviour could change between being
happy and angry. Follas said said that on the Wednesday, the day before the alleged sexual
violation took place, the woman had told him she “wanted to get out of there
and would do anything to get bail”. The jury was shown
video footage of Follas' movements recorded on a
security camera in the charge room of the station watchhouse
on February 5 last year. Following the close of
the prosecution case, Ms Adams opening statement to the jury outlined the
defence argument. Ms Adams said the
alleged sexual violation by Follas did not and
could not have happened. She described the woman
as having a “nasty and dangerous attitude towards police, particularly when
in their custody”. Follas told the court his
version of what happened over the four days the woman was in the cells. He told the court that on
Tuesday morning the woman asked if he had “time for a quickie”. On the Thursday
morning, Follas said he delivered a cake of soap to
the woman at her request. He told her not to get
into the shower but when he got back to the shower block he found her
standing there wearing a towel. He said this annoyed him and after he checked
the water temperature - again, at her request - he left. The trial is
proceeding. |
