NZ Herald
February 17, 2004
PM urges people to speak up in police inquiry
by Audrey Young, political editor
Dame Margaret Bazley and Justice
Bruce Robertson
Prime Minister Helen Clark is urging anyone else with
a complaint against the police involving sexual misconduct to come forward
quickly if they want it considered by the approaching commission of inquiry.
"People should come forward as quickly as possible so the commission can
get on with its work," she said yesterday after announcing the two
presiding commissioners.
The Government selected Justice Bruce Robertson of the High Court at
The commissioners will be able to extend their inquiries beyond the cases
already in the public domain, Helen Clark said.
"There may well be more and they must be able to inquire into like
incidents because we are endeavouring to see whether there is a systemic
problem here."
The commission was ordered after claims by Louise Nicholas that police staff in
Rotorua subjected her to sexual assaults between 1980 and 1986 and that a
police investigation was mishandled.
Assistant Commissioner Clint Rickards is one of three officers accused of pack
rape in 1986 and has been stood down from his
Further allegations have been made, including one by Judith Garrett, who took
an unsuccessful private prosecution alleging she was raped in 1988 by a
constable at the Kaitaia police station.
And last week, former Rotorua CIB chief John Dewar, who investigated Mrs
Nicholas' complaint, was accused by a woman of having taken part in group sex
with one of the former officers named in the Nicholas complaint, Brad Shipton.
The police have begun their own investigations into the complaints separate
from the commission. The terms of reference are expected to be finalised within
days.
The commission of inquiry has been given nine months to hold its hearings and
report back.
"Better to do it properly than a rush job which leaves the public
unsatisfied," Helen Clark said.
"I imagine they will go about it with all due speed because the police
don't want allegations hanging around longer than necessary."
She defended the length of time for the report, saying it was best done
properly to ensure the public could have confidence in the police.
"The public must be assured that the police will thoroughly investigate
any allegations of criminal behaviour by their own personnel.
"If the allegations that have been made indicate that there are systemic
problems, they will be identified and dealt with."
The commissioners will be able to set their own rules but the Prime Minister
expected that evidence would be heard in public as it had been with other
commissions.
The experience of Justice Robertson, who chairs the Law Commission, meant that
"the line between the commission of inquiry and criminal investigation by
the police isn't overstepped", the PM said.
The commissioners will be able to trawl through police records but under the
law they will not be able to review the record of the Police Complaints
Authority.
The Government will also put on hold legislation proposing the renaming of the
Police Complaints Authority - possibly to add further amendments should the
commission of inquiry deem it necessary.
Heading the commission of
inquiry
JUSTICE BRUCE ROBERTSON
* Turned 60 on Sunday.
* President of the Law Commission.
* High Court Judge since 1987.
* Presided over the second trial of David Dougherty which cleared him of the
rape of an 11-year-old girl for which he had been wrongly convicted.
* Ruled that the public had a right to know TVNZ paid $5.6 million compensation
to its former newsreader John Hawkesby, as well as ruling that newspapers had
the right to publish the name of the policeman who shot Steven Wallace dead in
Waitara.
* Lives in Remuera, Auckland
DAME MARGARET BAZLEY
* Aged 66.
* Long public service career, including stints as social development ministry
chief executive and transport secretary.
* Has held the positions of acting chief executive, Department of Work and
Income; chairwoman, NZ Fire Service Commission; chief executive, Ministry of
Social Policy; Director-General, Social Welfare; Secretary for Transport;
deputy chairwoman, State Services Commission.
* Lives in
Police inquiries
Police under investigation stemming from Louise Nicholas' original pack-rape
allegations.
1. Government-ordered commission of
inquiry
To be conducted by Justice Bruce Robertson and Dame Margaret Bazley. They have
until the end of November to complete their inquiries.
2. Police criminal inquiry
Police say this is solely looking for any criminal liability. It is no
different to any other criminal inquiry into historic rape allegations. It is
being overseen by Deputy Commissioner Steve Long with one of the country's top
detectives, Superintendent Nick Perry.
Officers from outside the Rotorua district have already interviewed 30 people.
3. Police Complaints Authority
This independent body has "civilian oversight" of the police
investigation. They can make suggestions if they think it is necessary.
Authority Judge Ian Borrin says although it is unusual for them to be so
closely involved with an active criminal inquiry, Mrs Nicholas' allegations
have "a high profile, historic nature and very serious content".