The Press
March 23, 2004

Police rape inquiry delay likely
by Haydon Dewes

A Commission of Inquiry into police conduct is in danger of missing its November deadline due to Police Complaints Authority secrecy rules.

The police's own investigation into allegations of police pack rape could also hinder proceedings as most files could not be disclosed until its inquiry, which still had "some months" to run, was complete.

The commission of inquiry was launched after allegations by Louise Nicholas that she was pack- raped in 1986 when she was aged 18 by two former officers, Bob Schollum and Brad Shipton, and Auckland police commander Assistant Commissioner Clint Rickards, who has been stood down from duty.

The men have said the sex was consensual and have denied rape.

At the first public meeting of the Commission of Inquiry into Police Conduct held in Wellington yesterday, High Court judge Bruce Robertson, heading the inquiry with Dame Margaret Bazley, said the November 1 deadline for the commission to report to the Government meant their work would have to be completed by mid- September to allow for printing.

However, he was unsure whether 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 PCA, 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 actually 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."

Justice Robertson also recognised the conflict between police, who were investigating whether some present and former members of police could or should be prosecuted, and the commission's task.

Counsel for the police Kristy McDonald QC said the inquiry could take "some months" to complete and police would have difficulty disclosing most files in relation to the current investigation for fear of interference.

Police, the PCA 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.

Meanwhile, police yesterday rejected reports that investigation files relating to Nicholas' allegations were missing. A spokesman said police were satisfied they had secured the relevant historical documentation required for the current investigation.