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.