Stuff
February 2, 2004
Woman makes more than one rape complaint against police
NZPA
The woman behind
historic rape allegations against three police officers also made another rape
allegation against police that led to a series of criminal trials, it was
revealed today.
Louise Nicholas has claimed three officers - including Clint Rickards who is
now Assistant Commissioner and
All three vigorously deny the accusations.
She alleged that Mr Rickards, along with two men who have since left the police
force – Tauranga city councillor Brad Shipton and Napier car dealer Bob
Schollum – raped her in the presence of a fourth man.
A Police Complaints Authority (PCA) investigation in 1995 found insufficient
evidence to prompt a criminal investigation into the rape allegations.
However, PCA head Ian Borrin said today that new information had come to light
that warranted further investigation.
The Police Managers' Guild said today it supported a full investigation into
the allegations concerning Mr Rickards.
"The guild supports open and in-depth transparency of the investigation
process and results to establish the truth and confirm the integrity and
professionalism of police," guild president Chief Inspector John Palmer
said in a statement.
Judge Borrin said a former Rotorua police officer's report that her baton had
gone missing for a couple of weeks in about 1986, before being returned to her
and told it had been used in sex with a woman, was new information that had not
been uncovered by the PCA inquiry.
"So far as I know that information (about the baton) has not previously
been made available and certainly it was not to hand in the mid-90s when there
was all the other activity in this matter," he said.
Judge Borrin said he would direct police to investigate the officer's report.
New
information come to light
Police Commissioner
Rob Robinson also said today that new information relating to the case had been
put forward and would need to be part of an overall police review of the case.
Judge Borrin said the allegations against Mr Rickards and the other two men
came to light after the PCA was called in to investigate poor handling of
another rape allegation against police by Mrs Nicholas.
That allegation proceeded to criminal trials in Rotorua District Court between
1993 and 1995, Judge Borrin said.
The first two trials were aborted after inadmissible evidence was put before
the court and the third was successfully defended.
However, the trial judge criticised police handling of the case, sparking the
PCA inquiry.
The man who headed that PCA investigation, former detective chief inspector Rex
Miller, today told National Radio that if police heading the initial rape
investigation – including Rotorua's CIB boss at the
time, former detective inspector John Dewar – had done a better job it probably
would have led to a guilty verdict at trial.
The PCA investigation discovered that Mr Dewar had also failed to record a
formal statement in relation to Mrs Nicholas' complaint against Mr Rickards and
the two other men, Mr Miller said.
As a result, the PCA team investigated Mrs Nicholas' allegations against the
trio. Mr Miller said he found her story compelling, but met a "wall of
silence" from Rotorua police and was unable to corroborate it.
"I believed what she told us," he said. "But we had to go on
what evidence was available and the corroboration was just not there."
Mr Miller said Mrs Nicholas was also "poisoned" towards the PCA
investigating team, which led to her making statements that "clouded her
credibility".
He said police regulations, which meant officers could not be formally
disciplined more than 12 months after an offence, had stymied any attempt to
charge the men with the police disciplinary offence of "bringing discredit
on police".
Instead the officers were "counselled" – a less serious procedure.
Promotion
defended
Meanwhile, Mr Robinson today defended decisions by police bosses to promote Mr
Rickards to his current position.
He told National Radio that while police bosses knew of the allegations against
Mr Rickards there had been police investigations into them and they had not
uncovered criminal evidence.
From an employment perspective it would be wrong to discriminate against Mr
Rickards on the basis of unproved allegations, he said.
Mr Robinson said he was aware Mr Rickards had admitted consensual group sex
with Mrs Nicholas, but he did not believe that should necessarily come into
employment decisions.
"Is it appropriate for the (police) commissioner to take into account
sexual proclivities, sexual matters (that are) normal or in some people's minds
abnormal, when I'm taking employment decisions."
Mr Rickards was an extremely successful and effective police manager, he said.
Police
Insider reveals story to paper
It emerged today that a police insider sparked the
story broken in The Dominion Post on Saturday.
The paper's editor Tim Pankhurst told IRN it was not
Mrs Nicholas who went to the reporter Philip Kitchin with the story. He said it
was the police themselves.
Kitchin had been working on the story for two years but it was only recently
that he managed to track down Mrs Nicholas.
Mr Dewar has strenuously denied claims that he was responsible for a cover-up
of a rape complaint levelled against former colleagues.
Mr Dewar, who now works with the
Mrs Nicholas claims her original complaint in 1993 was not properly
investigated and that Mr Dewar manipulated her to protect his colleagues.
Mr Miller has said Mrs Nicholas was "moulded like play dough" during
Mr Dewar's investigation.
But Mr Dewar said that he had spent "countless hours" at Mrs
Nicholas' home going through the process the police would follow about her
complaint, informing and briefing her and her parents.
"There was no coaxing, no persuasion. She made informed choices and had
counselling. I liaised closely with her. If that is moulding then I am guilty
of moulding," he said.
"I did not mesmerise this girl over a period of 18 months. She knew and
understood what her options were. What more can I say?"
Mr Dewar also denied an allegation he had taken over the investigation at the
request of one of the accused officers.
He said he had been briefed about her complaint by a member of the Sexual Abuse
Team, had discussed it with the district commander, the late Trevor Beatson, who, in turn, took the matter to Region Two
Commander, Assistant Commissioner Bruce Scott.
He referred the matter to the officer in charge of police internal affairs who
passed it to the Police Complaints Authority.
The chain of events was recorded in the police complaints register.
"If I am incompetent, and I strongly deny that, then so
too by inference so are all those involved in this investigation."
Mr Dewar provided The Daily Post with a copy of a preliminary report, dated Jan
10 1995, from then Police Complaints Authority Sir John Jeffries to the police
commissioner. Sir John had reviewed the file.
In the interim report, Sir John said on the evidence available he agreed the
complaint should be cleared as "not established" and referred to an
irreconcilable conflict in the evidence of the complainant and the police
officers.
"Detective Inspector Dewar prefers the complainant's version of events and
describes her as an honest, forthright individual who is intelligent and
sincere.
"On the other hand all officers are equally adamant that these allegations
are fallacious and unfounded."
Sir John said if the complainant still expressed dissatisfaction with his
interim finding he would consider her reasons before making a final
determination.
Mr Dewar was adamant that Mrs Nicholas was told of this but did not want to
pursue the matter further.
Police have launched a review of the case.
As a result Mr Rickards has sought and been granted leave from his command as
In announcing his intention to step down from duty yesterday, Mr Rickards said
he was "pleased" by the announcement that a further inquiry into Ms
Nicholas's allegations would be held.
"I will be co-operating fully with the inquiry and look forward to the
false and destructive allegations made yesterday being resolved once and for
all," he said in a statement released by his lawyer.
"To assist the public's perception of the inquiry's impartiality I have
volunteered to take three weeks' leave from the