The Dominion Post
February 21, 2004

Rape claims: fourth officer revealed
by Leah Haines

Previously secret allegations that a fourth policeman sexually abused Louise Nicholas will be part of the commission of inquiry into claims of police pack rape.

If the inquiry reveals Mrs Nicholas' claims against the officer are true, he is protected from legal action as he has already been acquitted after two mistrials.

The Dominion Post has been prevented, till now, from revealing any details about Mrs Nicholas' allegation of earlier sexual assault by the officer because that case is suppressed.

But an order in council from Governor-General Dame Silvia Cartwright, released with the terms of reference for the commission yesterday, briefly mentions the case, allowing sketchy details to be revealed.

Dame Silvia's order states a policeman was charged and tried in court in relation to sexual assaults against Mrs Nicholas, alleged to have occurred in the early 1980s when she was in her early teens. The officer was acquitted at a third trial after two previous mistrials.

That case, along with Mrs Nicholas' published allegations against Assistant Police Commissioner Clint Rickards and two other former police officers, "raised questions" about police investigations that would be examined in the inquiry.

Prime Minister Helen Clark said other women had made complaints about sexual assaults by officers, and the way police had handled these, since The Dominion Post published its inquiries into Mrs Nicholas' case.

The inquiry would also look at allegations of sexual assault by a police officer made by Judith Garrett.

"The public must be assured that the police will thoroughly investigate any allegations of criminal behaviour by their own personnel," Miss Clark said. "If the allegations that have been made indicate that there are systematic problems, they will be identified and dealt with."

The inquiry would also look into wider issues of standards and codes relating to police personal behaviour, including sexual conduct.

Headed by Dame Margaret Bazley and Justice Bruce Robertson, the inquiry would announce dates and places for hearings and announce details about how to make submissions as soon as possible.

It would not determine the guilt or innocence of officers.

Victoria University law professor John Miller said even if the inquiry found "compelling evidence of guilt" on the part of the fourth officer he could not be charged again as he had been acquitted.

However, other officers and former police who were the subject of allegations could be charged if the police decided the inquiry revealed enough evidence to warrant a prosecution.