Dominion Post
March 23, 2004
Police secrecy rules likely to delay inquiry
by Haydon Dewes
A commission of
inquiry into police conduct risks missing its November deadline because of
Police Complaints Authority secrecy rules.
The police's own investigation into allegations of police pack rape could also
hinder proceedings as most files cannot be disclosed till the investigation,
which still has "some months" to run, is complete.
The commission of inquiry was launched after allegations by Louise Nicholas
that she was pack-raped in 1986, when she was 18, by two former officers, Bob
Schollum and Brad Shipton, and
The men have said the sex was consensual and have denied rape.
At the first public meeting of the commission in
He was unsure if that would be achievable.
A secrecy provision in the Police Complaints Authority Act 1988 allows the
authority to conduct its investigations "in private" and to
"maintain secrecy", meaning no statement
made to the authority can later be used in any court case.
John Upton, QC, appearing for the authority, told the commission that the
authority wished to cooperate as best it could but a "legislative
blanket" meant there were likely to be some legal difficulties in
disclosing information.
"I am working on the issue at the moment and I can tell you that there do
seem to be some difficulties – even with the best will in the world."
He apologised for being so negative so early in the process, but said it needed
to be recognised.
Justice Robertson also recognised the conflict between police, who were
investigating whether some of their present and former members could or should
be prosecuted, and the commission.
Counsel for the police, Kristy McDonald, QC, said the police investigation
could take some months to complete and there would be difficulty disclosing
most files in relation to the investigation for fear of interference.
Police, the authority and the Police Association all received interested party
status, giving them the right to be heard by the commission and be represented
by legal counsel.
Justice Robertson outlined provisions aimed at ensuring the inquiry kept within
both its timetable and its terms of reference.
He made it clear that the commission was dealing with situations where
complaints of sexual assault or similar behaviour had been made against police
officers or those closely associated with them.
The commission was not asked to look at all issues relating to sex complaints
or make a general assessment of the Police Complaints Authority.
He said the commission would, in the first instance, begin concentrating on
events that happened in the past 25 years, from January 1, 1979.
Once the commission's office was working next week, a person or people would
begin hearing the stories of those who had contacted the commission and who
fell within the terms of reference.
They would be asked to give evidence in their own words, rather than affidavits
or statements.
Before that took place, however, the commission's first task would be to hear
about protocols and procedures on how police officers were expected and
required to respond when there was an allegation of sexual assault by another
police officer.
The week of May 24 had been set aside for that purpose, Justice Robertson said.
A further 10 to 12 weeks had been set aside for the commission to hear
evidence.
If the commission wanted to extend its deadline, a request would need to be
made, via the Internal Affairs Ministry, to the Cabinet.
Meanwhile, police rejected yesterday reports that investigation files relating
to Mrs Nicholas' allegations were missing.
A spokesman said police were satisfied they had secured the relevant historical
documents required for the current investigation.