The Dominion Post
March 4, 2004
Former policeman fails to maintain suppression order
Napier car dealer
Bob Schollum has failed in his attempt to prevent The Dominion Post publishing
details of a rape case in which he gave evidence.
Mr Schollum, Assistant Police Commissioner Clint Rickards and Tauranga city
councillor Brad Shipton have has been accused of
pack-raping Rotorua woman Louise Nicholas in 1986. All three deny the
allegation.
Lawyers for the men appeared in Auckland District Court yesterday to hear an
application by The Dominion Post to have suppression lifted on documents
relating to three trials in the mid-1990s.
The trio gave evidence on behalf of the Crown in the trials, which related to a
rape allegation made by Mrs Nicholas. The man accused of the rape went through
two mistrials and was acquitted in a third trial. Judge Michael Lance continued
name suppression for him yesterday.
Mr Schollum's lawyer, Stephen Barraclough,
argued that releasing more information about his client would prejudice his
chance of a fair trial. He wanted to ensure Mr Schollum maintained his right to
justice should police pursue a criminal case against him after an investigation
into Mrs Nicholas' allegations.
John Haigh, QC and John Billington,
QC, acting for Mr Rickards and Mr Shipton respectively, said they did not
oppose suppression being lifted. They hoped it would add balance to what was
described as a "media frenzy" about the
allegations against their clients.
Lawyer for The Dominion Post Peter McKnight denied that there was any imbalance
and said all three men had plenty of opportunities to comment on the
allegations.
Judge Lance said times had changed since he imposed the original suppression
orders.
He continued suppression for three other police officers mentioned in court
transcripts and lifted suppression for Mrs Nicholas, Mr Shipton, Mr Rickards
and Mr Schollum. The judge said it would be difficult to continue suppression
for Mr Schollum while the other two men were in exactly the same position, and
he hoped lifting the suppression would ensure balanced reporting about the
case.
Mr Barraclough said Mr Schollum would not appeal
against the decision.