The
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
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.