NZ Herald
February 4, 2004
Clark turns heat on police
by Kevin Taylor, political reporter
Prime Minister
Helen Clark has ordered a powerful commission of inquiry into the police's
handling of claims that three police officers pack-raped a woman.
The culture within the police will also be under the microscope of the inquiry,
which she said might take most of this year.
Yesterday, in a day of dramatic developments, the police also reopened the
criminal investigation into the claims by Louise Nicholas that as an
18-year-old she was pack-raped by the officers in a Rotorua police house in
1986.
One of the trio,
Mrs Nicholas alleges Mr Rickards and two former officers, Tauranga District
councillor Brad Shipton and Napier used-car salesman Bob Schollum, pack-raped
her and that a police baton was also used to violate her. The trio strenuously
deny her claims.
She also accused former Detective Inspector John Dewar, the man responsible for
looking into her case, of failing to investigate the men properly so he could
protect his colleagues.
The Government has moved swiftly since the allegations broke on Saturday and
yesterday Helen Clark told the post-Cabinet press conference that a commission
of inquiry was important to maintain public confidence in the police.
A commission is one tier below a royal commission, and has the power to subpoena
witnesses and call for documents.
"The allegations are extremely serious and suggest a systemic cover-up of
misbehaviour by the police," she said.
"In addition, they raise questions about the culture within the
police."
The commission would investigate processes, not whether anyone was guilty or
innocent, because that was the police's job.
"I think the general public is wise enough to know that in any box of
apples there's the occasional bit of rot. The question is how that is dealt
with," Helen Clark said.
"From the point of view of the Government, if there are any allegations of
rot in the box of apples you deal with it, and quickly."
Attorney-General Margaret Wilson indicated the behaviour standards of police
officers would form part of the inquiry, which is yet to have terms of
reference drawn up.
The three men have admitted having consensual sex with Mrs Nicholas, prompting
questions about their ethics.
"I think the public concern lies as much in what has been admitted of
activities and behaviours that are not criminal, and those are issues that have
also raised some concerns," Ms Wilson said. "So it's not only about
criminal behaviour or not, but whether it is conduct that is becoming of an
institution such as the police."
Helen Clark, asked if she was concerned that there was
a culture in the police that was disrespectful of women, said: "That will
be in the back of people's minds - is there a culture issue here. And that is
something the commission should address."
The Herald is aware of four cases in the central
Case two concerns a Murupara woman who was twice
raped in a case which police failed to investigate properly.
Case three involves a police officer criticised by a judge for his conduct in a
Rotorua rape trial, key details of which are suppressed.
Case four involves allegations that four Murupara
policemen committed indecencies on Louise Nicholas in 1980 to 1983. The matter
never came to trial after police decided the case was "not
established".
Mr Rickards said in a statement yesterday that he would fight the allegations
"to my last breath".
"Over the last week I have been vilified by the media in print and on
television and radio. Throughout, I have complied with my obligations as a
police officer and remained silent, even though this has been very
difficult," he said.
"I will co-operate with the investigation, but again I emphasise that
these matters were fully investigated 10 years ago when I was totally
exonerated of any criminal conduct."
Mr Robinson told a media conference the police would offer full support to the
commission of inquiry.
"Public trust and confidence is the supreme issue that must be addressed,
and in the current situation I hold the view that that perhaps can only be
resolved by authorities beyond police.
"I do accept, however, that in the midst of current debate the police
investigation and review process may be insufficient to overcome public
perceptions around impartiality.
"My most immediate concern is for the collective reputation of the entire
organisation."
Helen Clark said the Government had not considered the Police Complaints
Authority was "well placed" to conduct an inquiry. That was because
it had already looked into aspects of the 1993 investigations done by Mr Dewar.
"The Police Complaints Authority may do its own inquiry but in the
Government's judgment, on its own that will not satisfy public concern."
Helen Clark said it would take at least a "couple of weeks" to draft
the terms of reference and to identify someone to head the inquiry.
Asked if the inquiry would also include the actions of Mr Robinson, whom the
Herald revealed promoted Mr Rickards four times, she said she did not want to
get into writing the terms of reference at a media conference.
"But what I would anticipate is that a commission may need to look at what
happened in the absence of a code of practice."
She said that at the time there was no clear code by which the behaviour of
police officers either on or off the job could be judged.
Both the Prime Minister and Police Minister George Hawkins expressed confidence
in Mr Robinson.
In 2000, when Mr Rickards was going for the deputy commissioner's job, Mr
Robinson told Helen Clark that "sexual misconduct" allegations had
been made against Mr Rickards but that he had been cleared.
The Prime Minister elected to go for the other candidate for the job, Steve
Long, and has said the allegations were a factor in Mr Rickards not getting the
post.
Yesterday, she defended her lack of action in delving further into the
misconduct she was told about in 2000. She had not been curious to know what
the misconduct was, and did not ask.
Asked if the commission would be wide enough to consider the involvement of
politicians, Helen Clark said there had been no political role.
"I am very clear about the only connection I have had with this at all,
and the record shows that the elevation of Mr Rickards stopped with me."
Mr Robinson conceded his promotion of Mr Rickards might form part of the
commission's inquiries.
Asked if any other serving police were likely to be interviewed as part of the
police investigation, he said: "There may well be, I don't know. At the
moment there is certainly a mix of serving members and former members that have
been raised as part of this."