Otago Daily Times
March 8, 2004
Dewar welcomes inquiry
Former detective rejects judges' criticism of rape
investigations
NZPA
Wellington: A
former detective inspector criticised by two judges for his handling of rape
complaints against three police officers looks forward to a commission of
inquiry into the allegations.
John Dewar, who investigated the complaints made by Rotorua teenager Louise
Nicholas in 1993, has taken leave from St John Ambulance in
Mrs Nicholas went public in January with her allegations she had been
pack-raped and violated with a baton by three policemen.
All three men deny the allegations, which came to light during trials held in
Rotorua in 1993 and 1994, relating to allegations against another former
policeman accused of indecently assaulting and having sex with Mrs Nicholas.
The first two trials were aborted because of inadmissable
evidence by Mr Dewar. The third trial acquitted the former policeman, whose
name is suppressed.
Mr Dewar assigned himself in 1993 to investigate complaints by Mrs Nicholas
that she had been raped by four men, in separate incidents. She said three of
the men were serving police officers.
Details of those allegations emerged during the three trials, but were
suppressed. Mr Dewar told the court he advised Mrs Nicholas not to record the
allegations because they were not specific in "time and event".
Last week, Judge Michael Lance, who presided over the third trial and later
ordered the police to pay $20,000 costs, lifted most of the suppression orders
on the trials. Court documents show he criticised Mr Dewar's conduct.
"I am of the view the failure to record and detail these allegations was
not only remarkable, it was utterly incredible," Judge Lance said in his
decision granting costs against the police.
"After all, here was an experienced detective inspector investigating
allegations of serious sexual offending. During his interview with the
complainant, he is told of allegations of potentially serious sexual offending
by three other named and currently serving police officers.
"Such disclosures should have triggered alarm bells that would have
permanently silenced Big Ben, no matter how vague in terms of time and event.
"Even more surprising than the failure to record is the officer's
deliberate advice to the complainant not to make a statement about her
allegations against these officers," Judge Lance said.
At the second trial, Mr Dewar was also criticised by the court. Judge Philip
Evans questioned his motives in giving hearsay evidence at a similar point in
the trial to where he gave hearsay evidence at the first trial.
Through a letter from his lawyers, Stace Hammond, Mr
Dewar says he rejects the criticism and will explain his position in the
appropriate forum.
"John Dewar did his duty and will continue to do his duty and denies any
wrongdoing," the letter says. "He looks forward to the commission of
inquiry."