The Dominion Post
March 26, 2004

MP urges police to drop rape inquiry
by Gordon Jon Thompson

Police should suspend or drop the investigation into police rape allegations to give precedence to a commission of inquiry into the claims, ACT MP Stephen Franks says.

The police investigation was hampering the "toothless" commission's inquiry into the allegations and the force's handling of the cases, Mr Franks said.

Police should forget about prosecuting those accused of rape to allow the commission of inquiry to work effectively, he said. Because of the historical nature of many of the claims, the commission of inquiry had to come first.

Mr Franks' call came as it was revealed that 20 officers were now working on the case and amid growing concern about the obstacles facing the commission's work.

"The inquiry into police culture is more important than the individual prosecutions. We need to know if there is a toxic culture in the police and if so it needs to be removed," Mr Franks said.

The commission cannot obtain Police Complaints Authority documents, which are protected in law by secrecy provisions. Police files on investigations into rape allegations cannot be released till the investigation is completed.

The commission of inquiry was begun 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 Auckland police commander Assistant Commissioner Clint Rickards, who has been stood down from duty on full pay. The men have said the sex was consensual and have denied rape.

Police bosses also started an investigation after the allegations were first made in The Dominion Post. High Court judge Justice Bruce Robertson and retired senior civil servant Dame Margaret Bazley are heading the commission of inquiry.

Justice Robertson indicated this week that the commission may struggle to meet its November 1 deadline for reporting to the Government because of legal constraints it faces.

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.

Police have said its investigation could take months to complete and there would be difficulty disclosing most files for fear of interference.

Victoria University senior lecturer John Miller agreed with Mr Franks' call for the police investigation to be halted if it was to hamper the commission's work.

"The commission of inquiry is by far the more important vehicle at this stage and I agree it should take precedence," he said.

Justice Robertson's early warning that the commission faced several impediments was wise, Dr Miller said.