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
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.
"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.