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 Auckland police commander, Assistant Commissioner Clint Rickards. The men deny the allegations and say sex with Ms Nicholas was consensual.

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.