The Marlborough Express
February 13, 2004

Police accountability
Editorial

The public needs to have confidence in its police force. So when serious allegations are made about the conduct of police, as with the allegations of pack rape against three police officers, that confidence is shaken, and the allegations must be thoroughly investigated.

This is to happen in a two-prong approach, with a criminal investigation into the allegations, and a commission of inquiry into the police handling of the case. The criminal investigation has serious implications, particularly with the career on the line of Assistant Commissioner Clint Rickards, who is now on leave. This investigation is be headed by southern police district commander Superintendent Nick Perry. Considering much of the concern around this case is about the failures in police investigating police, it is fair to question whether police should be doing this investigation, or whether it should be carried out independently. Given the high public interest in the case, the investigating team of 13 police staff will need to do their job with meticulous care and professionalism.

The allegations have already been to the Police Complaints Authority and that investigation was allegedly stymied because the alleged rape victim Louise Nicholas was apparently duped by a police officer into not making a complaint. This type of allegation shows the need to examine police processes and procedures, which the commission of inquiry will do.

The public needs to know that police conduct is beyond reproof. When that conduct comes into question, then it must be investigated. For that investigation to have public confidence it should be done independently, so that police do not leave themselves open to the accusation of protecting fellow police staff. Some changes are being made with the Independent Police Complaints Authority Bill before Parliament. Significantly that will allow the authority to hire its own investigators. However, they are expected to deal with only with serious incidents, such as police fatal shootings or police chases resulting in deaths. The inquiry will need to look at whether that is sufficient, or whether a new body is needed to replace the authority. The police need to be accountable from the top to bottom, and the inquiry needs to look at ways that can happen transparently.

Further, it is timely to look at investigation and prosecution processes. The police both investigate and prosecute summary offences. However, in Britain the Crown Prosecution Service runs all criminal prosecutions. It now needs to be considered whether a similar independent Crown prosecution service is needed here.

It is in the interests of both the public and the police to ensure that impartiality and integrity is maintained in investigation and prosecution. That will help maintain public confidence.