The Dominion Post
March 31, 2004
Law to open secret files
by Tracy Watkins
Legislation is
being rushed through Parliament to open up secret files relating to allegations
of misconduct against police to a commission of inquiry.
The move, which has alarmed the Police Association, will throw open thousands
of files containing the evidence of witnesses previously assured that their
evidence would be kept secret.
The Police Association has urged the Government to reconsider and instead award
the two commissioners, High Court judge Bruce Robertson and Dame Margaret Bazley, temporary powers as members of the Police
Complaints Authority.
That would enable the commission to carry out wide-ranging inquiries while
protecting the identities of people who came forward against the police,
including internal police whistle blowers, association president Greg O'Connor
said.
"We understand there is clearly a public mood to ensure that the police
are clean, that they haven't been covering up investigations against
themselves. But that [secrecy] is an important part of giving comfort to people
who come forward against police officers . . . By removing that now it's going
to be very difficult to assure people in the future that the same thing won't
happen again."
Police Complaints Authority files are covered by blanket secrecy to aid the
collection of information that might be self-incriminating, embarrassing or
from people fearing retribution. Evidence given to the authority cannot be used
in court.
The commission of inquiry into police culture, which was sparked by allegations
of pack rape against police, warned earlier this month that the secrecy would
hamper its work.
Police Assistant Commissioner Howard Broad said yesterday the law change would
result in files generated by police on behalf of the PCA being provided to the
commission of inquiry into police conduct.
Police were still assessing the impact of the proposed amendment, which will
lapse one year after the commission issues its report.
The commission of inquiry was launched after allegations by Louise Nicholas
that she was pack-raped in 1986 by two former officers, Bob Schollum and Brad
Shipton, and
Associate Justice Minister Margaret Wilson said it was "vital" for
public confidence in the commission, police and the Police Complaints Authority
that the inquiry have access to PCA files. The public needed to be assured that
the commission would be allowed to "carry out its mandate in full".
The bill will be considered by a select committee and reported back to
Parliament in early May.