NZ Herald
February 7, 2004
How do you lay a complaint against the police?
by Geoff Cumming
You've been roughed
up by police in a case of mistaken identity; banged up after evidence was
planted; or your burglary complaint has been ignored. Who do you turn to? The police, of course.
It's easy enough to lodge a complaint about the police - the thorny issue has
always been: will justice prevail when complaints are investigated by the
police themselves?
Complaints about the police can be made at any police station; to a district
manager of police; the Police Commissioner's Office; the Police Complaints
Authority; the Ombudsman, an MP or a district court registrar.
Complaints made verbally are supposed to be written down by the officer or you
can supply a written statement. Complaint forms are available from the Police
Complaints Authority and police stations.
If you're alleging criminal behaviour, such as assault, then only the police
can investigate and decide whether to prosecute. If you are alleging misconduct
or neglect of duty - including claims that your complaint has not been properly
investigated - that's where the Police Complaints Authority comes in. It also
investigates any case where there is loss of life or serious injury.
The authority, a civilian body, is supposed to be notified of every complaint
about the police, whether it's made to the duty sergeant at a watchhouse or in writing to the area commander. About 40
per cent of complaints are made to police; 60 per cent go directly to the
authority.
Last financial year, it received 2876 complaints and accepted 2369 for
investigation. That's about 50 cases a week for authority head Judge Ian Borrin
to sift through, although he says several complaints often arise from the one
incident.
"For instance, someone arrested on a Friday night in Queen St might allege
excessive force was used during the arrest, that he was then subjected to
abusive language on the way to the station and later assaulted in the police
station. Then we would have three complaints."
About 15 per cent of allegations are upheld.
Suspicion about police investigating complaints against colleagues has lingered
since the authority was created in 1988. Its role was to investigate
allegations of misconduct or neglect of duty by police but it had no staff to
conduct its own investigations. It simply reviewed the outcome of
investigations carried out by police.
That year, Justice Minister Phil Goff ordered a review after what he called
"extraordinary allegations" about the conduct of complaints
investigations following the Waitara shooting of
Steven Wallace by Constable Keith Abbott.
Changes following the inquiry included the formation of a team of up to six
staff to investigate the most serious complaints. "It is critical that
there is full confidence that such investigations are independent," said
Goff.
The investigation team includes:
Allan Galbraith, a former assistant commissioner and long-serving Auckland CIB
head who headed the Rainbow Warrior inquiry, leading the investigation team.
Norman Cook, who retired as a detective inspector in 2002 after almost 40
years' service, most of it in the CIB in Wellington, Gisborne and national
headquarters.
Bob Grinstead, who moved to
Phillip Shepard, a lawyer and former detective inspector with 34 years' service
in the London Metropolitan police, who also moved to
Two years on, the investigation team is just getting to grips with its first
cases, a series of pre-Christmas fatalities following police chases.
Routine cases are still referred by Judge Borrin to the Police Commissioner's
office for investigation at district level.
Judge Borrin says there is "keen sensitivity" over the need to
appoint impartial police investigators. "At small stations, obviously
someone from outside will do it."
But the perception remains that the agency lacks independence and controversy
continues to dog its decisions. Last May, it was criticised for delaying
publication of its findings on the Wallace shooting while court action
continued.
And after last weekend's revelations, lawyer and former Police Association
secretary Rob Moodie called for it to be scrapped,
saying it was "not fair to have people within the police organisation
investigating other police".
Another recommendation of the inquiry, to change the name to Independent Police
Complaints Authority, is included in a bill before Parliament