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.