Dominion Post
February 5, 2004
Another rape claim 'the final straw' - PM
by Nick Venter, Kelly Andrew and Gordon Jon Thompson
Another alleged
rape by a police officer was a key factor in the Government's decision to order
an independent inquiry into the alleged pack rape of Louise Nicholas.
Prime Minister Helen Clark said Judith Garrett's case was the "final straw"
when she considered the Government's response to Mrs Nicholas' claim that she
was raped by three policemen in Rotorua in 1986.
Details of Mrs Garrett's case were sent to Miss Clark after The Dominion Post
reported Mrs Nicholas' allegations.
The prime minister said the information clinched her decision to set up a
commission of inquiry to investigate not just the handling of Mrs Nicholas'
case but wider issues within the police force.
"Believe me, what was sent to me ... my hair stood on end," she said
yesterday.
Mrs Garrett, 60, alleges that a Kaitaia constable
handcuffed and raped her in the town's police station in March 1988 and that
the police failed to properly investigate her complaint.
In 1994 she took a private prosecution against the attorney-general, alleging a
police cover-up.
But, despite finding that the initial investigation had not been carried out
properly, a jury in the High Court at Whangarei ruled
against her on the basis that the investigating officer had not been motivated
by malice.
Miss Clark said the allegations of Mrs Nicholas and Mrs Garrett raised
questions about the culture within the police as well as the conduct of
individual officers and whether the course of justice had been perverted.
"The question which is on everyone's mind is what were
the prevailing standards of police behaviour where group sex with
relatively young women was not considered a matter of concern to the
employer?"
The Kaitaia documents had been forwarded to the Crown
Law Office which is drafting the terms of reference for the inquiry. Logically,
the inquiry would include some consideration of Mrs Garrett's case, Miss Clark
said.
Mrs Garrett said she was shocked by the similarities between her experience and
that of Mrs Nicholas.
"I feel that the public have absolutely no idea of what happens within the
police force and they should be informed."
Mrs Garrett said her alleged assailant was dismissed from the police for
disgraceful conduct in 1988 but was never charged with rape because one of his
colleagues – who had been drinking with him on the night of the alleged
incident – mishandled the initial investigation.
He did not formally report her complaint to his superiors for three months and
failed to follow correct procedures. He was later charged under police
regulations for his after-hours drinking and neglect of duty but he retired
before the charges could be heard.
"He didn't take any notes and he didn't ask me to make a statement. He
just asked me what happened and who I had told about it," Mrs Garrett
said.
She had been at the Awanui Hotel waiting for her
partner to finish work when she was introduced to her alleged attacker.
He was drinking there with another officer and asked her for a lift home. On
the way, he asked her to stop at the police station so he could pick up some
running gear.
He told her one of her car headlights was not working and, while she was
checking it, handcuffed her. Frightened, she demanded he let her go and he said
they would have to go inside the station for the key. He allegedly raped her in
a locked office.
"I couldn't believe he'd rape me – he was much younger than me," Mrs
Garrett said.
She struggled and bit the officer on the arm, and deliberately left evidence
such as fingerprints and strands of hair.
Police spokesman Jon Neilson said police were looking at Mrs Garrett's file.
Hers was the only other historical rape complaint since Mrs Nicholas' claims
became public.