NZ Herald
March 23, 2004

Police-rape inquiry faces legal gag
by Jo-Marie Brown


A secrecy clause that prevents the Police Complaints Authority from divulging information may hinder the commission of inquiry looking into police pack rape allegations.

The legal obstacle was raised at the inquiry's first public hearing in Wellington yesterday by commissioners Justice Bruce Robertson and Dame Margaret Bazley, who admit that they may not be able to meet their November 1 deadline to report back to the Government as a result.

Under the Police Complaints Authority Act 1988, PCA members and the organisation's staff cannot be called to give evidence in respect of any investigation they have undertaken.

The PCA have in the past conducted two inquiries into the way former Rotorua CIB head John Dewar investigated various rape complaints made by Louise Nicholas - one complimented him on a job well done while the other said he showed a gross lack of judgment and competence.

John Upton, QC, who represented the PCA at yesterday's hearing, explained that the secrecy provisions were likely to pose major difficulties in terms of how much information the PCA could provide.

"I'm sorry to be so negative early in these proceedings, but it's a reality we need to recognise," Mr Upton said.

"The authority does wish to co-operate, but even with the best will in the world we do have this legislative blanket which seems to be all enveloping."

Mr Upton said he was reviewing the secrecy provisions to establish exactly what information the PCA could provide. He would report back when the commission meets next on April 8.

The Government set up the commission to look into police conduct and the procedures officers use when investigating complaints of a sexual nature made against their colleagues.

But Justice Robertson said yesterday that the fact a separate criminal investigation was underway could also delay the commission's inquiry.

Mrs Nicholas has accused Auckland city's police commander, Assistant Commissioner Clint Rickards, and former officers Brad Shipton and Bob Schollum of raping her when she was 18. All three strongly deny any wrongdoing.

A second woman, Judith Garrett, also claims she was raped by a police constable in Kaitaia in 1988.

"Clearly, there's an ongoing issue that will require careful and sensible attention to ensure that nobody's rights are infringed," Justice Robertson said.

Ten weeks have been set aside between May and September for the hearings to be held, and the commissioners said the inquiry would primarily focus on incidents and procedures adhered to over the past 25 years.

Mr Robertson reminded those present that it was not the commission's job to determine criminal guilt.

"Our task is, 'was there a complaint made' and 'was it appropriately responded to'."

The commission was also limited to examining complaints of sexual misconduct by officers made to the police.

"There are some people that have written in drawing to our attention matters where they say they are subject to inappropriate behaviour, but there are no references to the police at all.

"Those matters would not fall within our terms of reference."