NZ Herald
March 31, 2004

Police rape inquiry to study PCA files
by Jo-Marie Brown


The Government will lift secrecy provisions that prevent the Police Complaints Authority from revealing information so allegations of police pack rape can be investigated.

Yesterday it introduced an amendment bill to Parliament to deal with concerns that historic PCA files could not legally be handed over to the commission of inquiry looking into police conduct.

Under the Police Complaints Authority Act 1988 past investigations must be kept under wraps to ensure people can provide information without worrying that self-incriminating, embarrassing or sensitive details will be made public.

As a result the commission of inquiry was unlikely to see the PCA files on former Rotorua CIB chief John Dewar's investigation of rape complaints made by Louise Nicholas.

Mrs Nicholas claims Auckland City police commander, Assistant Commissioner Clint Rickards, and former police officers Brad Shipton and Bob Schollum, pack-raped her in 1986 and violated her with a police baton.

The men deny the allegations.

Two PCA investigations regarding Mrs Nicholas' complaints have examined the complaints.

Inquiry commissioners Justice Bruce Robertson and Dame Margaret Bazley said their task would be hampered if they could not consider those files.

The Government now agrees.

Associate Justice Minister Margaret Wilson said yesterday that it was vital for public confidence that the impediment was removed.

"The Government has decided the immediate introduction of an amendment bill ... is desirable to provide an assurance to the public that the commission will be able to carry out its mandate in full," she said.

"It is also important to forestall any possible delays in the inquiry.

"Delays would not be fair to the complainants, who need to see these matters concluded as quickly as is reasonable."

The new legislation would lift the secrecy provisions for this commission of inquiry only.

It would lapse one year after the commissioners reported to the Government.

Lawyer John Upton, QC, who is representing the PCA before the commission, said he was unable to comment on the new bill until he had read it.

"I know there's been a lot of to-ing and fro-ing over the last few days to put it together.

"I just don't know what the final product is."