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 Auckland police commander - pack-raped her and violated her with a police baton in Rotorua in 1986, when she was 18.

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 St John ambulance service in Hamilton, told The Daily Post yesterday that the allegations did not reflect the facts as he knew them to be.

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 Auckland regional commander.

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 Auckland command after which I fully expect to resume my position as normal."