NZ Herald
March 22, 2004

Rape-probe parties to get together
by Jo-Marie Brown


The commission of inquiry set up to look into historic rape allegations against police officers and claims of cover-ups will hold its first public hearing today.

More than a dozen lawyers representing the different police staff, victims and other interested parties are expected to attend the hearing in Wellington to help establish the way in which the inquiry will be conducted.

Justice Bruce Robertson and Dame Margaret Bazley have until November 1 to report to the Government on matters that arose after Louise Nicholas claimed that police officers pack-raped and sexually assaulted her in Rotorua and Murupara in the 1980s.

Since Mrs Nicholas went public with her complaint in February, several other women have come forward alleging that they, too, had been sexually assaulted by police officers.

When Prime Minister Helen Clark announced that a commission of inquiry would be held, she said it was vital there was strong public confidence in the police.

"For its part, the Government is concerned to ensure there is a full, independent investigation into the way in which the police, at the time, dealt with these allegations," she said.

As a result, the commission will hear evidence about police conduct and the procedures staff used when investigating allegations of sexual assault and abuse made against their colleagues.

The standards and codes relating to the personal behaviour of officers - including sexual conduct - will also be scrutinised.

The commission will not determine the guilt or innocence of the police involved. A separate criminal investigation is already under way into Mrs Nicholas' allegations.

The Auckland City police commander, Assistant Commissioner Clint Rickards, and former police officers Brad Shipton and Bob Schollum are accused of raping her when she was 18.

All three men deny any wrongdoing but admit having had consensual sex with her.

Waikato district police commander Kelvin Powell is one of four other officers who Mrs Nicholas says subjected her to sexual indecencies in the 1980s, and former Rotorua CIB chief John Dewar is accused of having taken part in group sex with another woman and having failed to properly investigate Mrs Nicholas' original complaints.

Expressions of interest from people wanting to be heard by the commission are still being received and the commission may start calling witnesses to give evidence as early as next month.

But Department of Internal Affairs spokesman Colin Feslier said today's hearing would focus solely on procedural matters.



THE INQUIRY

Two types - Royal Commissions usually examine policy matters (such as genetic modification in 2000); standard Commissions investigate matters of conduct or major accidents (such as Cave Creek in 1995).

The most serious response to an issue available to the Government

Has same legal powers as a court to summon witnesses and obtain evidence

Is flexible allowing the Commissioners to run the inquiry as they see fit

Process and findings seen to be politically independent and credible

Can recommend policy or legislative changes