NZ Herald
April 9, 2004

Leave police officers' lifestyles alone, pack rape inquiry told
by Simon Randall


The commission looking into police conduct over historic rape allegations should not cover officers' lifestyle choices in its inquiry, police lawyers say.

The commission, which met at its Wellington base on Thursday to hear further submissions on its terms of reference, was set up after Rotorua woman Louise Nicholas alleged she was pack-raped in the 1980s by police officers, all of whom strongly deny the allegations. Other rape allegations have since emerged.

Lawyers representing police and the police complaints association today asked the commission to say to what extent it would look at sexual activity and conduct of police officers that was lawful.

Kirsty McDonald, QC, representing the police, said conduct that fell outside any police investigation should fall outside the commission's remit.

Officers' private lifestyle choices should stay private, she said.

She asked the commission to define "improper behaviour", restrict its time frame from January 1, 1979, to the commission's inception earlier this year, and say which locales it may look at other than Rotorua and Kaitaia, where the historic allegations came from.

But High Court judge Bruce Robertson, who heads the inquiry with Dame Margaret Bazley, said it was inappropriate to restrict the scope of the inquiry by giving "formulaic" definitions of what was "in or out or roundabout".

The inquiry would only look at complaints about police officers that had a sexual connotation which had not been dealt with satisfactorily, he said.

It needed to hear from police whether there were non-criminal matters they had taken an interest in but done nothing about.

There would be no cut-off date for the inquiry because discussing the future environment in the police was of the utmost importance.

Points would be defined and guidance given when evidence had been gathered, he said.

The inquiry needed to be rooted in historical events, not "formulaic definitions".

The commission had neither the budget nor remit to fund representation to all interested parties, but recognised it was only fair for them to have it.

However, he said he was concerned that the inquiry did not "turn into a major adversarial festival".

The commission would consider today's submissions and meet again on May 24.

Mrs Nicholas alleges she was raped when she was aged 18, by former officers Bob Schollum and Brad Shipton, and Auckland police commander Assistant Commissioner Clint Rickards, who has been stood down from duty. The men have said the sex was consensual and have denied rape.
- NZPA